COMMISSIONER OF WEALTH TAX Vs. VARDHICHAND PANNALAL

JUDGEMENT

(1.) THESE seven reference applications detailed in schedule " A " will be disposed of by a common order as they were heard together.

(2.) THESE reference applications relate to the assessment years 1966-67 to 1972-73. The Wealth-tax Officer passed the assessment orders under the Wealth-tax Act, 1957 (" the Act" herein), in respect of the assessment years 1966-67 to 1972-73. He included the wealth belonging to unseparated coparceners, Narain Lal and Onkar Lal, in the assets of the family. The assessee, M/s. Vardhichand Pannalal, Udaipur, filed appeals against the assessment orders of the Wealth-tax Officer. The Appellate Assistant Commissioner allowed the appeals filed by the assessee. In view of the finding of the Tribunal in the matter and also as held earlier in Appeal No. 1035/76-77 in its order dated July 14, 1977, the Appellate Assistant Commissioner opined that the Wealth-tax Officer was not justified in including the wealth belonging to Onkarlal and Narain Lal in the hands of the assessee. The Appellate Assistant Commissioner was further of the view that the wealth belonging to Vardhichand was rightly assessed in the hands of the assessee-Hindu undivided family. In view of this, he deleted the addition. Six appeals were filed before the Income-tax Appellate Tribunal, Jaipur Bench, Jaipur. The Income-tax Appellate Tribunal, by a consolidated order passed in the six appeals, dismissed them by its order dated March 20, 1979. Applications under Section 27(1) of the Act were filed and the Income-tax Appellate Tribunal by its order dated September 29, 1979, dismissed them holding that the question proposed by the Department is not a fit question of law so as to refer it to this court for answer.

(3.) A perusal of the order dated March 20, 1979, of the Tribunal clearly shows that the Income-tax Appellate Tribunal has recorded the following findings of fact: