JUDGEMENT
SATISH CHANDRA, J. -
(1.) FOR the asst. yrs. 1968-69 and 1969-70, the Tribunal has referred the following question of law for
our opinion:
"Whether, on the facts and in the circumstances of the case, the Tribunal was justified in approving the assessee's method of valuation in respect of unquoted shares in preferences to the valuation adopted by the Wealth Tax Authorities as per the provision of R. 1-D of the Wealth Tax Rules?"
(2.) THIS very question was referred by the Tribunal in respect of Shripet Singhania, Kanupur, for the asst. yr. 1968-69. A Division Bench of this Court in a decision reported in the CWT, Kanpur vs.
Shripet Shinghania, Kanpur 1977 CTR (All) 119 : 1977 UPTC 77 answered the question as follows:
"The Tribunal was not justified in approving the assessee's method of valuation in respect of unquoted shares which was not in accordance with R. 1-D of the Wealth Tax Rules."
We have heard learned counsel and we do not agree that the aforesaid Division Bench decision of this Court requires reconsideration. In view of that decision, the question referred to us is
answered by saying that the Tribunal was not justified in approving the assessee's method of
valuation in respect of unquoted shares in preferences to the valuation adopted by the Wealth Tax
Authorities which was not in accordance with R. 1-D of the Wealth Tax Rules. Since the
Department has failed to file the paper book of the case, we direct the parties to bear their own
costs.;
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