K.J. IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WEALTH TAX REFERENCE NO.4 OF 1999 WEALTH TAX REFERENCE NO.4 OF 1999 WEALTH TAX REFERENCE NO.4 OF 1999 In the matter of R.A.Nos.2074 & 2075/Bom/1988 (Arising out of W.T.A.Nos.1342 & 1343/Bom/87) (Assessment Years : 1979-80 & 1980-81) Miss.Nina D.Ambani (Minor) ) 7, Alt View, Altamount Road, ) Bombay-400 026. )..Applicant V/s. The Commissioner of Wealth-tax ) Bombay City-VI, Bombay )..Respondents W I T H R.A.NOS.2076 and 2077 (Bom)/1988 (Arising out of W.T.A.Nos.1344 & 1345/Bom/87) (Assessment Years : 1979-80 and 1980-81) Miss. Dipti D.Ambani ) 7, Alt View, Altamount Road ) Bombay-400 026. )..Applicant V/s. The Commissioner of Wealth-tax ) Bombay City-VI, Bombay )..Respondent ---- Mr.J.D.Mistry i/by Raj Darak for the applicant. Mr.P.S.Sahadevan for the respondent. ---- Coram : F.I.Rebello & R.S.Mohite,JJ Date : 16.01.2009. P.C. 1. The question which has been referred for our opinion under Section 27(1) of the Wealth Tax Act is as under :- . "Whether on the facts and circumstances of the case, the Tribunal was right in law in holding that the amounts under Compulsory Deposit Scheme (Income-tax Payers) Act,1974, constitute an asset under Section 2(e) of the Wealth Tax Act, and therefore, includible in the net wealth of the assessees for the assessment years 1979-80 and 1980-81"? 2. For the reasons recorded in the judgment and order separately delivered today in Wealth Tax Reference No.34 of 1999, the question is answered affirmatively and against the assessee. 3. Reference stands disposed off with no order as to costs. (R.S.Mohite,J) (F.I.Rebello,J)