Seth Rasesh N. Mafatlal vs Commissioner of Income Tax

T.D. Sugla, J.

There are two questions involved in this reference. The questions are -

"(1) Whether the benefit of the proviso to s. 4(1)(a) of the WT Act, 1957, is restricted to those gifts which have been made in the previous year relevant to the asst. yr. 1964-65 and thereafter ?

(2) Whether, on the facts and in the circumstances of the case, the exemption relating to the articles of jewellery in terms of s. 5(1)(viii) of the WT Act, 1957, is available to the assessee for the asst. yr. 1967-68 ?"

The assessment year involved in 1967-68. The counsel are agreed that in view of this Court''s judgment in the case of Commissioner of Wealth Tax Vs. Rasesh N. Mafatlal, and the Supreme Court decision in the case of Commissioner of Wealth Tax Vs. Smt. Hashmatunnisa Begum, , the first question is to be answered in the affirmative and in favour of the Revenue. The counsel are also agreed that in view of this Court''s judgment in the case of Commissioner of Wealth Tax Vs. Smt. Godavaribai R. Podar, , the second question is to be answered in the affirmative and in favour of the assessee. The questions are so answered. No order as to costs.