Commissioner of Wealth Tax vs E.M. Gopalakrishna Kone Trust

V. Ratnam, A.C.J.

In these tax case petitions u/s 27(3) of the Wealth-tax Act, 1957, the Revenue seeks a direction to the Tribunal to refer the following to

common questions of law, for the assessment year 1973-74 to 1986-87 :

Whether the Appellate Tribunal was right in law in not considering the relevant material on record, namely, the assessee''s letter dated January

10, 1987, and referred to in the assessment order dated February 10, 1987, for the assessment year 1973-74 before coming to the conclusion

that the debt had become bad ?

Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in holding that debt of Rs. 6,29,367 which

was due to the assessee from Shri P. M. G. Soundararajan had became had and should not be included in the assessable wealth of the assessee ?

In the course of the proceeding before the Tribunal, the assessee, a trust, claimed that a sum of Rs. 6,29,367 due to the assessee from the late

E. M. Gopalakrishna Kone ought to be excluded on the ground that the debt was a bad debt and a time-barred on as well. Though the Assessing

Officer took the view that the debt had not become a bad debt, the Commissioner of Wealth-tax concluded that the debt of Rs. 6,29,367 could

not be included in the wealth of the assessee as an asset and the assessing authority was directed to delete the same from the assessable wealth for

the assessment year in question.

The Tribunal had found that the debt of Rs. 6,29,367 die to the assessee from the adopted son of the borrower, E. M. Gopalakrishna Kone,

should not be included in the assessable wealth of the assessee. While holding so, the Tribunal had referred to the fact that the borrower had died

in the year 1959, and after his death, his adopted son did not incorporate this amount as a loan in books of account. It was also further found by

the Tribunal that the claim was barred by limitation. Considering these circumstances, the Tribunal upheld the order of the Commissioner holding

that the debt in question had become a bad debt, and as such it could not be included in the assessable wealth of the assessee. On the available

materials, the Tribunal cannot be said to have committed any error in coming to this conclusion, and we do not see any referable question of law

arising out of the order of the Tribunal.

Though learned counsel for the Revenue strenuously contended that the Tribunal had not taken into account the latter of the assessee dated

January 10, 1987, we find that letter related only to the debts other than the debt in question, and in view of that, the Tribunal had not referred to

that latter at all in the course of its order. The omission to refer to this letter by the Tribunal in the course of its order certainly cannot give rise to a

question of law on this aspect, as one arising out of the order of the Tribunal. We, therefore, dismiss the tax case petitions. There will be no order

as to costs.