LAWS(RAJ)-2009-3-57

CWT Vs. MANNA LAL SURANA

Decided On March 03, 2009
Cwt Appellant
V/S
Manna Lal Surana Respondents

JUDGEMENT

(1.) FOLLOWING questions have been referred by the Tribunal for our answer in RA No. 1606/Del/1984 for the assessment year 1976 -77:

(2.) WHETHER on the facts and circumstances of the case the Tribunal was justified in holding that M/s Hazarimal Milapchand Soorana was an industrial undertaking within the meaning of Explanation to Section 5(1)(xxxi) and as such the assessee was entitled to deduction under Section 5(1)(xxxi) of WT Act, 1957?.

(3.) THE counsel for the revenue submits that in view of the provisions of Section 2(m)(iii) of the Wealth Tax Act, 1957, the amount was outstanding for a period of more than 12 months on the valuation date and thus was not deductible from the net wealth. It is urged that the question may be answered in favour of the revenue.