MGN IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WEALTH TAX REFERENCE NO.3 OF 2001 Commissioner of Wealth Tax ..Applicant Vs. Shri Premkumar L. Kothari ..Respondent Mr. P.S. Sahadevan, for the Applicant. CORAM: F.I. CORAM: F.I. CORAM: F.I. REBELLO REBELLO REBELLO & R.S.MOHITE, JJ. R.S.MOHITE, JJ. R.S.MOHITE, JJ. DATED: 13th February, 2009 DATED: 13th February, 2009 DATED: 13th February, 2009 P.C.: P.C.: P.C.: . The learned Tribunal has referred the following question for consideration:- "Whether on the facts and in the circumstances of the case, the Tribunal was justified in holding that the provision contained in Schedule III of the W.T. Act, 1957 are procedural in nature and, therefore, has retrospective application and Rule 188 of the W.T. Rules will not have application." 2. The issue is answered in favour of the assessee by the judgment of the Supreme Court in Commissioner of Wealth-tax vs. Sharvan Kumar Swarup Commissioner of Wealth-tax vs. Sharvan Kumar Swarup Commissioner of Wealth-tax vs. Sharvan Kumar Swarup & Sons, 210 ITR 886 & Sons, 210 ITR 886 & Sons, 210 ITR 886. Considering the above the issue answered in the affirmative in favour of the Assessee and against the Revenue. (R.S.MOHITE, J.) (F.I.REBELLO,J.) (R.S.MOHITE, J.) (F.I.REBELLO,J.) (R.S.MOHITE, J.) (F.I.REBELLO,J.)