Henry Joshua Silverston and Dipti Kumar Basu vs Commissioner of Wealth-tax

These are two appeals from the judgment of the Calcutta High Court in Dipti Kumar Basu Vs. Commissioner of Wealth Tax, . The question in these appeals is whether the appellants who are partners in a firm of solicitors at Calcutta are liable to be taxed under the Wealth-tax Act in respect of their share of the outstandings due to the firm from various clients. This question has been answered against the appellants and hence the present appeal.

It has been brought to our notice by Mr. B. B. Ahuja, learned counsel for the Union of India, that the judgment under appeal has already been approved by this court in Commissioner of Wealth-tax, Orissa Vs. Vysyaraju Badreenarayana Moorthy Raju, .

The question raised is not of much contemporary importance as the relevant statutory provision had been amended since 1976. The amount involved is also not very substantial. After hearing counsel, we are inclined to agree with the view taken by the High Court and, having regard to the fact that the decision of the High Court already stands approved by this Court, we dismiss these appeals. We, however, make no order as to costs.