IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH W.T.R. No. 14 of 1998 DATE OF DECISION: January 12, 2009 Commissioner of Wealth Tax (Central), Ludhiana …Applicant Versus Smt. Vijay Paliwal …Respondent CORAM: HON’BLE MR. JUSTICE M.M. KUMAR HON’BLE MR. JUSTICE H.S. BHALLA Present: Mr. K.K. Mehta, Advocate, for the applicant-revenue. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. The revenue through the Income Tax Appellate Tribunal, Delhi Bench ‘A’, New Delhi (for brevity, ‘the Tribunal’) has preferred the instant reference under Section 27(1) of the Wealth Tax Act, 1957, against the consolidated order dated 30.4.1996, passed by the Tribunal in WTA Nos. 204 and 205/Del/93, in respect of assessment years 1989-90 and 1990-91. The Tribunal has referred the following question of law for opinion of this Court:- W.T.R. No. 14 of 1998 “Whether on the facts and in the circumstances of the case and on correct interpretation of Clause (e) of Section 2 of Wealth Tax Act, the Income Tax Appellate Tribunal was right in law in holding that assessee’s share in cash incentive/duty draw back claims receivable is not includable in the net wealth of the assessee?” The tax effect involved in the present case is Rs. 15,288/- and Rs. 21,641/- respectively, which in monetary terms is diminutive. This is evident from the perusal of the order of the Commissioner of Income Tax (Appeals), dated 1.12.1992 (Annexure ‘B’). Therefore, we do not wish to decide the controversy on merit as the parties have been litigating for the last over 19 years. In that regard we follow the view taken by the Full Bench of this Court in the case of Commissioner of Income Tax v. Smt. Aruna Luthra, (2001) 252 ITR 76. Accordingly, we prefer to refrain from interfering in the order passed by the Tribunal and return the question of law unanswered. (M.M. KUMAR) JUDGE (H.S. BHALLA) January 12, 2009 JUDGE Pkapoor 2