LAWS(MPH)-1995-9-47

COMMISSIONER OF INCOME TAX Vs. LOKENDRA SINGH

Decided On September 27, 1995
COMMISSIONER OF INCOME TAX Appellant
V/S
LOKENDRA SINGH Respondents

JUDGEMENT

(1.) HEARD Shri D.D. Vyas, learned counsel for the applicant, on the question of admission.

(2.) THIS case and three other cases, namely, Miscellaneous Civil Cases Nos. 494 of 1995, 495 of 1995, and 492 of 1995 have been filed by the Revenue under Section 256(2) of the Income -tax Act, 1961, to direct the Appellate Tribunal to state the case and make a reference. The common assessee is the former ruler of Rutlam State. These cases relate to different assessment years. We dispose of the four cases by this order.

(3.) THE exemption is claimed under Section 5(1)(iii) of the Wealth -tax Act. According to this provision, the wealth -tax shall not be payable by the assessee in respect of any one building in the occupation of the Ruler, being a building, which immediately before the commencement of the Constitution (26th Amendment) Act, 1971, was his official residence by virtue of the declaration by the Central Government under paragraph 13 of the Merged States (Taxation Concessions) Order, 1949, or paragraph 15 of the Part B States (Taxation Concessions) Order, 1950.