Commissioner of Wealth Tax North Eastern Region vs Basant Kr. Agarwal

T.S. Misra, C.J.—The Respondent filed a return of wealth claiming exemption u/s 5(1)(iv) of the Wealth-Tax Act in respect of his interest in the property in question. The Wealth-Tax Officer did not allow the exemption sought for. The Assessee filed an appeal before the Appellate Assistant Commissioner of Wealth-Tax, who allowed it and granted the exemption u/s 5(1)(iv) to the Assessee. The Department then preferred an appeal before the income tax Appellate Tribunal but without success. The Department then moved an application u/s 27(1) of the Wealth tax Act before the income tax Appellate Tribunal with a prayer that the statement of the case may be drawn up and the question of arising out of the order of the Tribunal may be referred to this Court for decision. The Incomes-Tax Appellate Tribunal declined to make the reference to this Court and rejected the application of the Petitioner. The Commissioner of Wealth-Tax has filed the instant petition praying that the question of law referred to in application before the Tribunal does arise and, therefore the Incomes-Tax Appellate Tribunal be directed to refer that question to this Court for opinion.

We have carefully gone through the assessment order as also the order of the Appellate Assistant Commissioner of Wealth tax as well as the order of the Income tax Appellate Tribunal and in our view the question mentioned herein below does arise. In holding so, we are fortified by a decision dated 14th May, 1984 rendered by this Court in Civil Rule No. 34(M) of 1978, wherein on the facts almost similar, the same question of law did arise. We, therefore, direct the Income Tax Appellate Tribunal, Gauhati Bench, Gauhati to refer the undermentioned question of law to this Court for its opinion. It shall also prepare the statement of facts and send other relevant documents to enable this Court to arrive at its conclusion;

Whether on the facts and in the circumstances of the case, and on proper construction of Section 2(m), Section 4(1)(b) and Section 5(1)(iv) of the Wealth tax Act, 1957 and Rule 2 of the Wealth tax Rules 1957, exemption is admissible u/s 5(1)(iv) with respect to the property in question in the hands of the Assessee?