Commissioner of Wealth-tax vs Abdul Sathar Ismail Sait

T.L. Viswanatha Iyer, J.—The Income Tax Appellate Tribunal has referred the following question for the opinion of this court:

"Whether, on the facts and circumstances of the case, the Tribunal was right in holding that, for the assessment years 1970-71 to 1975-76, the value of the residential property of the assessee is to be determined on the basis of rule 1BB of the Wealth-tax Rules, 1957 ?"

The question arising for decision in this case is similar to that decided by a Full Bench of this court in I. T, R. Nos. 311 to 315 of 1982 ( Commissioner of Income Tax Vs. Antony Mendez, ). The rule concerned in that case was rule 1D of the Wealth-tax Rules, 1957. After examining the provisions of Section 7 relating to valuation and Section 46 relating to rule-making power, the Full Bench of this court held that rule 1D was not mandatory. The ratio of the said decision applies with full force to rule 1BB of the Wealth-tax Rules, 1957, as well. The question referred for decision has, therefore, to be answered in the negative by holding that the Tribunal was not right in holding that rule 1BB of the Wealth-tax. Rules was mandatory.

These references are, therefore, answered in the negative that is against the assessee.

Communicate a copy of this judgment with the signature of the Registrar and the seal of this court to the Income Tax Appellate Tribunal, Cochin Bench.