UNION OF INDIA Vs. INCOME TAX APPELLATE TRIBUNAL

JUDGEMENT

(1.) THIS order shall also govern the disposal of M.P. Nos. 1023 of 1983, 1024 of 1983, 1025 of 1983, 1026 of 1983, 1027 of 1983, 1028 of 1983, 1059 of 1983 and 1060 of 1983 as all these petitions arise between the same parties out of a common order passed by the Income-tax Appellate Tribunal on a common question of law, which are filed under Article 226 of the Constitution of India, in the matter of reference application under Section 27(1) of the Wealth-tax Act, 1957, regarding respondent No. 2 for the assessment years 1969-70 to 1977-78.

(2.) THE facts giving rise to this petition may be stated, in brief, thus: THE Wealth-tax Officer, B-Ward, Circle-1, Indore, assessed the wealth of respondent No. 2 under Section 16(3) of the Wealth-tax Act, 1957, by his separate assessment orders passed for different assessment years 1969-70 to 1977-78. THE said Wealth-tax Officer has commonly observed in his assessment orders in all the assessment years as under :

(3.) THE Wealth-tax Officer then preferred appeals before the Income-tax Appellate Tribunal, Indore Bench, Indore, which by the impugned order dated August 21, 1982, by a common order, dismissed the same while upholding the order of the Appellate Assistant Commissioner. THErefore, the petitioners, through the Commissioner of Wealth-tax, Bhopal, filed one consolidated reference application for the assessment years 1969-70 to 1977-78 under Section 27(1) of the Wealth-tax Act proposing the following common question of law which arose out of the common order passed by respondent No. 1 ;