IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 24TH JUNE 2008 / 3RD ASHADHA 1930 ITR.No. 101 of 1999() --------------------- AGAINST THE ORDER IN RA 152/COCH/98 IN WTA.44/COCH//1993 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPLICANT: ----------- THE COMMISSIONER OF INCOME TAX/ WEALTH TAX, TRIVANDRUM. BY ADV. SRI.P.K.R.MENON,SR.COUNSEL,GOI(TAXES) RESPONDENTS: ------------- SMT.S.MANJU, SUNDARA BHAVANAM, ASRAMOM, QUILON. BY ADV. SRI.C.KOCHUNNY NAIR SRI.DALE P.KURIEN THIS TAX REFERENCE HAVING BEEN FINALLY HEARD ON 24/06/2008, ALONG WITH ITR NO. 102 OF 1999 & ITR NO.103 OF 1999, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. .................................................................... I.T.R. Nos.101 to 103 of 1999 .................................................................... Dated this the 24th day of June, 2008. JUDGMENT Ramachandran Nair, J. The question raised in these reference cases is whether the item of property gifted by father of the respondent-assessee to her can be assessed for wealth tax or not. The property happened to be assessed for wealth tax in the hands of the respondent on account of the department's stand that gift has taken effect leading to transfer of property from the donor to the respondent-donee. However, Tribunal allowed assessee's appeal because the gift tax assessment was cancelled by the Tribunal holding that property remains with the father. Standing Counsel submitted that appeal is filed against order of the Tribunal pertaining to gift tax assessment. Since the question essentially has to be decided in appeal, if any, pending against gift tax assessment cancelled by the Tribunal, we close these I.T.Rs. by declining to answer the questions referred, but with a direction to the Assessing Officer to revise the assessments in line with the gift tax 2 assessments after this court disposes of the gift tax appeals stated to be pending. C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms