COMMISSIONER OF WEALTH TAX Vs. B M BHANDARI

JUDGEMENT

(1.) THIS is a reference made by the Tribunal, Hyderabad Bench, at the instance of the CWT under S. 27 (1) of the WT Act, hereinafter called " the Act " for the opinion of this Court on the following question of law :

(2.) IN order to appreciate the scope of the question, we may briefly state the facts found by the Tribunal and incorporated in the statement of case. The assessee, an executor of the will executed by late Pannalal Lahoti, died on 26th April, 1956, leaving behind him his wife, who was authorised to adopt a son after his death. Pursuant to the authority given by her husband, Bhima Bai has taken a boy in adoption. However, the execution is not yet complete for the asst. yrs. 1965-66 to 1967-68. The executor has been assessed under S. 19A(1) of the Act.