VENKATARATNAM K CH Vs. COMMISSIONER OF GIFT TAX

JUDGEMENT

(1.) CERTAIN questions were referred for decision under Section 26(2) of the Gift-tax Act by the Tribunal under the directions of the High Court. Sri Mangachari who appears for the assessee, stated that the assessee is not interested in pursuing the matter and would like to withdraw the reference.

(2.) IT is now settled by a number of decisions that this court may decide not to answer a reference if the party fails to appear or does not take any interest in the matter. We need refer only to the decision of this court in Arisetty Butchanna v. Commissioner of Income-tax, 1962 46 ITR 703 (A.P.)., where it was held that the High Court is not bound to answer a reference under Section 66(2) of the Income-tax Act, if the assessee, at whose instance the reference was made, does not appear at the hearing of the reference.