COMMISSIONER OF WEALTH TAX Vs. GULAB BAI MITTAL

JUDGEMENT

(1.) BY this reference under Section 27(1) of the Wealth-tax Act, 1957 (hereinafter referred to as "the Act"), the Income-tax Appellate Tribunal has referred the following question of law to this court for its opinion:

(2.) THE material facts giving rise to this reference briefly are as follows :

(3.) THE learned counsel for the Department contended that the order passed by the WTO merged in the order passed by the Commissioner under Section 18B of the Act and hence the jurisdiction of the AAC to decide the appeal preferred by the assessee is taken away. THE contention cannot be upheld. THE Commissioner, while exercising powers under Section 18B of the Act, does not exercise appellate or revisional powers. In exercising powers under Section 18B of the Act, the Commissioner has to act on criteria different from those on which the appellate or the revisional authorities have to act.