JUDGEMENT
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(1.) DELAY is condoned. Leave is granted limited to the question on which notice was ordered. The
question reads thus: "Whether on the facts and in the circumstances of
the case I.T.A.T. was legally correct in holding the valuation of cold
storage by average of land and building and yield method as against the
valuation of the above property on land and building method adopted in
view of the DVO's report contained by the Assessing Officer on a legally
valid reference?" Heard the learned counsel for the parties.
(2.) INASMUCH as the Wealth Tax officer had adopted the average of land and building and yield method and arrived at the assessable value of the
assets and the same has been confirmed by the Income Tax Appellate
Tribunal it is on that basis the Tribunal declined to refer the
aforementioned question to the High Court for its opinion under Section
27(1) of Wealth Tax Act. The High Court also declined to call for a reference on the application under S. 27(3) of the Act. In the facts
and circumstances of the case we do 2 not think that interference by this
Court is called for. The appeal is therefore dismissed.;
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