COMMISSIONER OF WEALTH TAX Vs. JHAGRAKHAND COLLIERIES P LTD

JUDGEMENT

(1.) THIS is a reference under s. 27(1) of the WT Act, 1957.

(2.) THE statement of case related to two asst. yrs.1957-58 and 1959-60, corresponding valuation dates being 31st Dec., 1956 and 31st Dec., 1958.

(3.) THE assessee had takenup another objection before the Tribunal to the effect that the provisions of the s. 2(m)(iii) of the WT Act were against the provisions of the Constitution of India and were, therefore, ultra vires the Parliament's legislative powers. This point the Tribunal had failed to deal with in their original order. When this omission was brought to the notice of the Tribunal, the Tribunal rectified the omission, under s. 35 of the WT Act, and passed the following further order :