Dipak Kumar Sen, A.C.J. - (1.) M/s. J.S. Atwal & Ors. (HUF), the assessee, was assessed to wealth-tax in the assessment years 1961-62, 1962-63, 1963-64, 1964-65 and 1965-66 in the status of a Hindu undivided family as declared in its returns. The assessee preferred appeals from the said assessments before the Appellate Assistant Commissioner of Wealth-tax who upheld all the assessments and dismissed the appeals.
(2.) The assessee went up in further appeal before the Income-tax Appellate Tribunal. In the appeals before the Tribunal, the assessee sought to raise for the first time the following additional grounds : "1. For that the appellant is governed by the Hindu Succession Act of 1956 and as the entire property is received on the death of G. S. Atwal who died intestate on January 20, 1961, therefore, the Hindu Succession Act, 1956, is well applicable in the instant case which being the general law applicable to all Hindus which includes Buddhists, Jains and Sikhs. 2. For that the appellant claimed 15% deduction from immovable property for the joint ownership. 3. For that the Samadhi valued by the Valuation Officer at Rs. 45,026 has substantial sentimental and religious value for the family but may not have any value in the open market. Thus to be excluded from the value of Rs. 4,31,240 as valued on December 31, 1966, by the Valuation Officer."
(3.) The Tribunal held that the grounds Nos. 1 and 2 involved mixed questions of law and fact and there was no material on record in the relevant assessment proceedings that G. S. Atwal whose properties and assets had devolved on the assessee had died intestate. It was also held that there was no material on record to show that the immovable properties for which the assessee claimed deduction were held in joint ownership. So far as the third additional ground was concerned, the Tribunal held that the same involved investigation into facts, viz., whether there was any "Samadhi" which were not on record.;