LAWS(P&H)-2008-9-162

COMMISSIONER OF WEALTH TAX Vs. MEENAKSHI MAHAJAN

Decided On September 09, 2008
COMMISSIONER OF WEALTH TAX Appellant
V/S
Meenakshi Mahajan Respondents

JUDGEMENT

(1.) THE Tribunal 'B' Delhi Bench, New Delhi has referred, for opinion of this Court, the following question of law, under s. 27 of the WT Act, 1957 : "Whether, on the facts and circumstances of the case, the Tribunal was justified in ordering the deletion of Rs. 2,93,842 made on account of assessee's share in cash incentives due to the firm, M/s Mahajan International, Panipat -

(2.) IN the course of assessment for the asst. yr. 1976 -77, the AO added the assessee's share in cash incentive and duty drawback claims of the partnership to the net wealth of the assessee. On appeal, the contention of the assessee that the firm was maintaining its account on cash basis and assessee's share could not be included in the net wealth on accrual basis, was accepted. This view was upheld by the Tribunal. of four assessees is as under :

(3.) LEARNED counsel for the Revenue points out that the disputed tax effect is Rs. 13,468.