:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WEALTH TAX REFERENCE NO.26 OF 1993 The Official Trustee as Trustee of Sir Jamsetjee Jeejibhoy Baronetcy Trust, P.W.D. Bldg. Vir Nariman Road, Bombay-400 032. ...Applicant. Vs. The Commissioner of Wealth Tax, Bombay City XI, Bombay. ...Respondent. Mr.J.D. Mistri with A.K. Jasani and Mr.P.C. Tripathi for the Applicant -Assessee. Mr.P.S.Sahadevan with Mr.A.D.Nagarjun for the Respondent-Revenue. CORAM : F.I. REBELLO & R.S. MOHITE, JJ. DATE : 16TH MARCH, 2009 ORAL JUDGMENT : 1. The substantial question of law as referred in this reference is as follows. Whether on the facts and in the circumstances of the case and on a correct interpretation of Section 21(1A) inserted by Finance (No.2) Act, 1980, the Appellate Tribunal was justified in holding that the assessee was liable to tax on the excess of the value of the corpus of the trust over the value of the interest of the beneficiaries under the trust? :2: 2. The aforesaid question has been dealt with and answered by us by a judgment and order passed in Wealth Tax Reference No.18 of 1993. For the reasons set out in the aforesaid judgment, the question raised is answered in the negative and in favour of the assessee. 3. The reference stands disposed off with no order as to costs. (R.S. MOHITE, J.) (F.I. REBELLO, J.)