COMMISSIONER OF WEALTH TAX Vs. MEGHJI GIRDHARILAL

JUDGEMENT

(1.) These connected five reference applications, presented by the CWT, Bhopal under s. 27(3) of the WT Act, 1957, raise a common question of law as extracted below :

(2.) Briefly stated, the facts of the case are that the value of certain gold ornament/silver ornaments weighing 20.200 kgs. was included by the WTO in computation of wealth of the assessee. The assessee filed an appeal before the CWT(A). The appellate authority held that the gold ornament/silver ornaments weighing 20.200 kgs. belonged to three ladies, namely, Dirsubai, Laxmibai and Chandrabai and as such they were entitled for personal or household use within the meaning of s. 5(1)(viii) of the WT Act, 1957. He, therefore, deleted this property from the wealth of the assessee. Against this appellate order, WTO filed appeals for asst. yrs. 1966-67, 1967-68, 1968-69, 1969-70 and 1970-71, registered respectively as WTA Nos. 60/Ind/87, 61/Ind/87, 62/Ind/87, 63/Ind/87 and 64/Ind/87. The Tribunal dismissed all these appeals by common order dt. 24th Aug., 1988. Thereafter the applicant filed applications under s. 27(1) of the WT Act, 1957 and sought statement of the case and reference of the proposed question. The reference applications, registered as RA Nos. 76 to 80/Indore/1988 arising out of the orders passed in appeals, WTA Nos. 60 to 64/Indore/1987 for asst. yrs. 1966-67 to 1970-71, were dismissed on 16th Nov., 1989 holding that the orders of the Tribunal are based on the decision of this Court and as such no referable question arose. Aggrieved by the order of rejection and main order of the Tribunal, the applicant has filed these five reference applications for five separate assessment years, as noted above, under s. 27(3) of the WT Act, 1957.

(3.) At that stage, the special leave petition, filed by the Department, against the decision of this Court, linchpin of the orders of the Tribunal, was pending in the apex Court.