COMMISSIONER OF WEALTH TAX Vs. LOKENDRA SINGH

JUDGEMENT

(1.) THE CWT, Bhopal has filed this application under S. 27(3) of the WT Act, 1957 seeking direction to the Tribunal to state the case and refer the question of law as extracted below :

(2.) FACTS lie in a narrow compass. The assessee-non-applicant owned the immovable property known as Ranjit Vilas Palace, Ratlam on the valuation date. In the course of assessment, the WTO found that part of the property was let out. He accordingly rejected the claim of exemption under S. 5(1)(iii) of the WT Act (for short the 'Act'). In appeal, the CWT(A) following the decision in case of CIT vs. Bharatchandra Banjdeo (1985) 48 CTR (MP) 382 : (1985) 154 ITR 236 (MP) allowed the claim of the assessee. Aggrieved by the order of the CWT(A), the Department filed the appeal before the Tribunal who dismissed the same. The decision was not accepted by the Department on the ground of pendency of the SLP to Appeal in the Supreme Court of India. The Department, thus, filed the application under S. 27(1) of the Act. The applications registered as RA Nos. 21 to 26/Ind/1995 dt. 29th March, 1995 in connection with separate cases for different years of assessment, were rejected by the Tribunal on the ground that the order was based on appreciation of facts which gave no rise to the question of law. Thereafter, the CWT has filed this application.

(3.) SHRI D.D. Vyas, learned counsel appearing for the Department, submitted that similar reference application has been dismissed by this Court on 27th Sept., 1995 in MCC No. 494/95, CWT vs. Late Lokendra Singh, Ratlam through the Tehsildar (Court of Wards), Ratlam [reported at (1995) 129 CTR (MP) 91] He submits that this application also deserves similar fate.