1993 P T D 1269

[199 ITR 641]

[Allahabad High Court (India)]

Before A. N. Verma and R. K Gulati, JJ

COMMISSIONER OF WEALTH-TAX

Versus

GAJU

Wealth Tax Application No. 192 of 1991, decided on 14/11/1991.

Wealth tax.--

----Reference---Value of land---Tribunal whether correct in confirming the order of the Deputy Commissioner on the point of value of land---Question of law---Wealth Tax Act, 1957.

Held, that the question whether, in the circumstances of the case, the Tribunal was legally correct in confirming the order of the Deputy Commissioner (Appeals) on the point of value of land at the rate of Rs.2.80 per square yard was a question of law.

JUDGMENT

A.N. VARMA, J.---Having heard learned standing counsel on behalf of the Commissioner of Wealth-tax and having perused the written arguments submitted on behalf of the assessee, we are of the opinion that the following question of law does arise out of the order of the Tribunal:

"Whether, in the circumstances of the case, the Income-tax Appellate Tribunal was legally correct in confirming the order of the Deputy Commissioner (Appeals) on the point of value of land at the rate of Rs.2.80 per square yard?"

The second question framed in the application stresses only one aspect of the first question. It is hence not necessary to call for any statement on that question.

We, accordingly, direct the Income-tax Appellate Tribunal to state the case and refer the aforesaid question for our opinion. There will be no order as to costs.

M.BA./2278/T