COMMISSIONER OF WEALTH TAX VS CHHOTELAL
1993 P T D 1543
[201 I T R 260]
[Allahabad High Court (India)]
Before Om Prakash and R.K Gulati, JJ
COMMISSIONER OF WEALTH TAX
Versus
CHHOTELAL
Wealth Tax Reference No. 249 of 1979, decided on 30/07/1992.
Wealth tax---
----Deduction---Income-tax liability---Deductible---Indian Wealth Tax Act, 1957, S. 2(a).
An assessee is entitled to deduction of income-tax liabilities in computing his net wealth
Ahmed Ibrahim Sahigra Dhoraji v. CWT (1981) 129 ITR 314 (SC) and CWT v. B.K. Sharma (1977) 110 ITR 902 (All.) fol.
JUDGMENT
The Income-tax Appellate Tribunal (Allahabad Bench) has referred the following question for the opinion of this Court under section 27(3) of the Wealth Tax Act, 1957:
"Whether, on the facts and circumstances of the case that may be found by the High Court on a reappraisal of the evidence, the Tribunal was justified in holding that the assessee was entitled to deduction of Income-tax liabilities as claimed and the deduction made thereof by the Wealth Tax Officer was correct in view of the provisions of section 2(a)(iii)(b) of the Wealth Tax Act?"
It would not be disputed that a similar question came up for consideration before this Court in CWT. v. B.K. Sharma (1977) 110 ITR 902) and there this Court answered such question in favour of the assessee and against the revenue.
Similar question was considered by the Supreme Court in Ahmed Ibrahim Sahigra Dhoraji v. CWT (1981) 129 ITR 314) and there the Supreme Court approved the view taken by this Court in the case of B.K. Sharma (1977) 110 ITR 902.
Following the said decision, we decide the aforementioned question in the affirmative, in favour of the assessee and against the Revenue.
The reference is answered accordingly. No order as to costs.
M.BA./2441/T Reference answered.