Commissioner of Wealth Tax vs Smt. Pushpinder Kaur

This order will dispose of Wealth-tax References Nos. 42 to 45 of 1976, relating to the assessment years 1957-58, 1958-59, 1959-60 and 1963-64. The question referred by the Tribunal for opinion of this court is mentioned in para. 6 of the statement of case, which reads as under :

"Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the Income Tax liability relating to the secreted income of the assessed disclosed u/s 68 of the Finance Act, 1965, after the relevant valuation dates, were deductible u/s 2(m) of the Wealth-tax Act, 1957, in determining the assessed''s net wealth as on the relevant valuation dates."

This question has already been answered by this court in the case of Commissioner of Wealth Tax Vs. Girdhari Lal, , and by the Supreme Court in the case of Ahmed Ibrahim Sahigra Dhoraji Vs. Commissioner of Wealth Tax, Gujarat, , against the Commissioner of Wealth-tax and the view of the Tribunal has been upheld. Therefore, following the two decisions, it is held that the Tribunal was right in holding that the tax payable under the Finance Act, 1965, is a right deduction for purpose of wealth-tax. The question is accordingly answered against the Commissioner of Wealth-tax and in favor of the assessed.

Since nobody has appeared on behalf of the respondent parties are left to bear their own costs.