COMMISSIONER OF WEALTH TAX Vs. PRAHLADRAI AGARWALLA JALAN

JUDGEMENT

(1.) This is a reference under Section 27(1) of the W.T. Act, 1957, at the instance of the CWT, West Bengal-III, Calcutta. The facts found and/op admitted in the proceedings are, inter alia, as follows :

(2.) In the wealth-tax assessment of Sri Prahladrai Agarwalla Jalan in the assessment year 1964-65, the assessee claimed that his status was that of an HUF and not an individual. Following the earlier assessment in the year 1963-64, the WTO held that the status of the assessee was that of an individual. On appeal, the AAC confirmed the order of the WTO.

(3.) There was a further appeal by the assessee to the Tribunal. It was contended in the appeal, inter alia, that the assessee's claim to be assessed as an HUF had been made On the basis of a declaration of the assessee made before a notary public on the 31st December, 1962. The assessee contended further that in the subsequent assessment year 1965-66, the WTO had accepted the assessee's status as that of an HUF and that even in the income-tax assessment for the assessment year 19.64-65, the AAC had accepted the assessee to be an HUF, On the basis of the aforesaid, the Tribunal held that the status of the assessee in the relevant assessment year was that of an HUF.