Adarsh Kumar Goel, J. - (1.) THE Income Tax Appellate Tribunal, Delhi Bench 'E' Delhi has referred, for opinion of this Court, the following question of law, under section 27 of the Wealth -tax Act, 1957: - Whether on the facts and in the circumstances of the case, and on correct interpretation of clause (e) of section 2 of the Wealth -tax Act, 1957 the Income Tax Appellate Tribunal was right in law in holding that assessee's share in cash incentives/duty draw back claims of the firm was not includable in the net wealth of the assessee. In the course of assessment for the assessment year 1985 -86, the Assessing Officer added the assessee's share in cash incentive and duty draw back 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 me net wealth on accrual basis, was accepted. This view was upheld by Tribunal.
(2.) LEARNED counsel for the revenue points out that the disputed tax effect is Rs. 5593. Learned counsel for the assessee submits that in CWT v. Dinesh Kumar, WTC No.19 of 1985 petition of the revenue raising identical issue was dismissed. However, copy of the said order was not available. He also refers to the order, dated 5 -8 -2004 passed in CIT v. Smt. Vasundhra Nath WTR Nos. 35 to 37 of 1990. 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. We are of the view that having regard to smallness of the amount involved, it is not necessary for us to go into the merits of the case. Accordingly, the reference is returned unanswered.;