COMMISSIONEROFWEALTHTAXBIHAR Vs. SUDHA DEVI KHETAN

JUDGEMENT

(1.) In this case the Tribunal has referred to the following questions of law for the opinion of this Court under the provisions of Section 27 (1) of the Wealth Tax Act, 1957 :-

(2.) We need not advert to the fact of the case because the question referred to this Court is squarely answered by this Court in the case of C.I.T. v. Shri Dungarwal Tainwala, (Taxation Case No. 20/80 with Taxation Case No. 98/100 of 1984). disposed of on 15th November, 1980. This Court on an elaborate consideration of (he relevant provisions has answered the aforesaid question in favour of the assessee and has held that land and building will form part of the industrial undertaking for the purpose of grant of exemption under Section 5 (1) (xxxii) of the Wealth Tax Act.

(3.) Relying the aforesaid case of this Court, the question involved here has to be answered in affirmative and in favour of the assessee. Anyhow, there will be no order as to costs.