Commissioner of Wealth Tax vs Baldev Inder Singh

S.P. Goyal, J.—This petition has been filed by the Revenue u/s 27(3) of the Wealth-tax Act, 1957, for getting the following two questions referred to this court :

"(1) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is right in law in reducing the value of the disputed land from Rs. 9 per square yard to Rs. 5 per square yard only on the valuation date?

(2) Whether, on the facts and in the circumstances of the case, the finding of the Appellate Tribunal regarding valuation of land is based on irrelevant considerations after rejection of relevant and admissible material on the record and is arbitrary and perverse ?"

Question No. (1) does not constitute any point of law arid, as a matter of fact, would be fully covered by the second question.

After going through the order of the Tribunal dated March 14, 1977, we are of the considered view that the second question does arise from the order of the Tribunal inasmuch as certain relevant material was ignored on untenable grounds. We would not like to refer in detail to those matters at this stage as it is likely to amount to expression of opinion. A mandamus is, therefore, issued to the Tribunal to refer question No. (2) together with the supplementary statement of facts, if any, to this court.