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Petitioner: DHARMENDRA PRASAD SINGH VS Respondent: COMMISSIONER OF WEALTH-TAX
Court Name: Allahabad High Court Judge(s): R. K. Gulati, Om Prakash Title: DHARMENDRA PRASAD SINGH vs COMMISSIONER OF WEALTH-TAX Case No.: Wealth-tax Application No.12 of 1988 Date of Judgment:1988-12-22 Reported As: 1991 PTD 718 Result: Order accordingly
JUDGMENT
JUDGMENT Upon hearing the parties, we are of the view the questions Nos.3, 4 and 5 are questions of law but question No.3 requires to be reframed. We, therefore, reframe question No.3 and direct the Tribunal to draw up a statement of the case and refer the following questions for the opinion of this Court: "(1) Whether, on the facts and circumstances of the ~xi the Tribunal rightly interpreted the provisions of section 7 (4) of Wealth-tax Act, 1957, and was right in sustaining the addition of Rs.1,00,000? (2) Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in rejecting the claim of the assessee for deduction of the liability under Balrampur Tenantry War Loan? (3) Whether, on the facts and in the circumstances d the case and especially in the absence of any additional evidence proklu6'cd by the Department, the Tribunal's reversal of the findings of the Settlement Commission for earlier years in respect of ground No.1 is sustainable in, law?" The application is partly allowed.