COMMISSIONER OF WEALTH TAX Vs. SHANTI PARSHAD JAIN

JUDGEMENT

(1.) THIS judgment will dispose of WT Ref. Nos. 96 to 103 of 1988 arising out of 24 reference applications in WT Case Nos. 13 of 1984, 20 of 1985, 21 of 1985 (Shanti Parshad Jain v. CWT), 10 of 1984, 36 of 1985, 37 of 1985 (CWT v. Shanti Parshad), WT Case Nos. 14 of 1984, 27 of 1985, 28 of 1985 (Jainender v. CWT) 9 of 1984, 34 of 1985, 34 of 1985 (CWT v. Jainender), WT Case Nos. 12 of 1983, 22 of 1985, 23 of 1985 (Salinder Kumar Jain v. CWJ), WT Case Nos. 11 of 1983, 32 of 1985, 33 of 1985 (CWT v. Salinder), WT Case Nos. 24 of 1985, 25 of 1985, 26 of 1985 (D.P. Jain v. CWT), WT Case Nos. 29 of 1985, 30 of 1985, 31 of 1985 (CWT v. D.P. Jain) for the asst. yrs. 1976 -77, 1977 -78, 1978 -79 and WT Ref. Nos. 92 to 95 of 1988 for the asst. yrs. 1974 -75, 1975 -76, 1979 -80 and 1980 -81, as the common questions of law have been referred by the Tribunal arising out of the same facts pertaining to all the assessees.

(2.) SHRI Shanti Parshad Jain and his three sons, namely, Shri Jainender Kumar Jain, Shri Satinder Kumar Jain and Shri Devinder Parshad Jain, owned certain pieces of land in Hissar. Though in the beginning there was some dispute about the ownership of these lands but now it is an accepted position that all the four persons had l/4th share in those pieces of land.

(3.) SHRI Shanti Parshad Jain and his sons were not satisfied with the Collector's award and they made a claim for higher compensation. The Addl. District Judge, Hissar on the basis of evidence produced by the assessee awarded additional compensation on 23rd Jan., 1979 which was after the three relevant valuation dates. Interest on the enhanced compensation was also awarded. The additional compensation was determined at Rs. 7,97,558 and the interest upto 31st March, 1976 was determined at Rs. 1,23,117. Both the parties were aggrieved against this order of the Addl. District and Sessions Judge and filed appeals before the Punjab & Haryana High Court. Shri Shanti Parshad Jain and his sons claimed a further sum of Rs. 2 lakhs as compensation, whereas the Government challenged the enhanced compensation awarded to these persons. These appeals were pending at the time of making of the wealth -tax assessments.