ADARSH KUMAR GOEL, J. - (1.) THE Tribunal 'B' Delhi Bench, New Delhi has referred, for opinion of this Court, the following question of law, under s. 27 of the WT Act, 1957 : "Whether, on the facts and circumstances of the case, the Tribunal was justified in ordering the deletion of Rs. 2,93,842 made on account of assessee's share in cash incentives due to the firm, M/s Mahajan International, Panipat -
(2.) IN the course of assessment for the asst. yr. 1976 -77, the AO added the assessee's share in cash incentive and duty drawback claims of the partnership to the net wealth of the assessee. On appeal, the contention of the assessee that the firm was maintaining its account on cash basis and assessee's share could not be included in the net wealth on accrual basis, was accepted. This view was upheld by the Tribunal. of four assessees is as under : Name Asst. yr. WT payable Nirmal Kanta 1976 -77 Rs. 2,873 Meenakshi Mahajan 1976 -77 Rs. 3,555 Anita Nagrath 1976 -77 Rs. 3,510 G. D. Mahajan 1976 -77 Rs. 3,530 (LH of Smt. Raj Devi)
(3.) LEARNED counsel for the Revenue points out that the disputed tax effect is Rs. 13,468. Learned counsel for the assessee submits that in WT Case No. 19 of 1985 (CWT vs. Dinesh Kumar), petition of the Revenue raising identical issue was dismissed. However, copy of the said order was not available. He also refers to the Mills, Panipat. The said order refers to in the order, passed in Dinesh Kumar's case (supra), which is not available. Learned counsel further submits that on account of smallness of the amount involved in the present case, this Court may leave the question unanswered.;