COMMISSIONER OF WEALTH TAX Vs. VIMAL KUMAR SURANA

JUDGEMENT

(1.) THIS is an application under S. 27(3) of the WT Act by the CWT for directing the Tribunal to refer certain question of law said to arise out of the Tribunal's order dt. 2nd May, 1988 to this Court for its decision.

(2.) SHRI Singhal, learned counsel for the Revenue, has submitted that these questions also arise in other cases and this Court has passed various orders on reference applications under S. 27(3) of the WT Act, directing the Tribunal to refer these questions, to this Court for its decision. In support of this submission, Shri Singhal has placed before us copies of orders dt. 24th May, 1988 in DB WT Reference Application No. 19/1988 CWT vs. Smit. Jatan Devi and WT reference Application No. 86/1988 CWT, Jaipur vs. L .K. Kasliwal.

(3.) SHRI Singhal has further however submitted that in case of Moti Chand Daga (supra) this Court has observed that the burden which has been placed on Revenue by r. 2B (2) of the WT Rules, can be discharged by the fact and circumstances and having regard to the material produced by the assessee and thus in view of the said decision of this Court, it would be open to the Revenue to discharge the burden from decision of this Court, it would be open to the Revenue to discharge the burden from the facts and circumstances and having regard to the material produced by the assessee. Singhal has also pointed out that the decision in CWT vs. Moti Chand Dagr (supra) was given on 21st May, 1988 and after the said decision, the same Bench of this Court was given on 21st May, 1988 and after the said decision, the same Bench of this Court has passed orders on 24th May, 1988 in Reference applications No. 19/88 and 86/88 referred to above. In the circumstances, we are satisfied that the question raised by the Revenue in this application arise out o the Tribunal's order 2nd May, 1988 and the same should be directed to be referred to this Court for its decision.