COMMISSIONER OF WEALTH TAX Vs. GOLECHA S K

JUDGEMENT

(1.) THIS application has been moved by the Revenue under Section 27(3) of the Wealth-tax Act, 1957, for directing the Income-tax Appellate Tribunal to refer the questions of law as mentioned in paragraph 5 of the application for the consideration of this court. THIS application relates to the assessment year 1979-80. Shri Singhal has invited our attention to the order passed by the Income-tax Appellate Tribunal to show that, for computing the valuation of the building of Prem Prakash Cinema, the Tribunal has placed reliance on the valuation of the said property in the assessment year 1974-75. Shri Singhal has also submitted that, in respect of the assessment year 1974-75, the matter relating to the valuation of the said property is already under consideration before this court, inasmuch as by order dated August 21, 1989, in D. B. Wealth-tax Reference Application No. 20 of 1986 (CWT v. S.K. Golecha (HUF) [1990] 184 ITR 59), this court has directed the Tribunal to refer two questions of law in relation to the valuation of the cinema building of Prem Prakash Talkies. Since the valuation of Prem Prakash Talkies in the assessment year 1979-80 would be dependent on the valuation of the said property in the year 1974-75 and that matter is under consideration before this court, we consider it fit and proper to allow this application and direct the Income-tax Appellate Tribunal to draw up the statement of case and refer the following question of law for the consideration of this court:

(2.) NO order as to costs.