THE HON’BLE SRI JUSTICE G.CHANDRAIAH AND THE HON’BLE SRI JUSTICE CHALLA KODANDA RAM REFERRED CASE No.194 of 1996 JUDGMENT (Per the Hon’ble Sri Justice G.Chandraiah) This referred case is filed at the instance of the Revenue under Section 27(1) of the Wealth Tax Act, 1957 from the orders of the Income Tax Appellate Tribunal in W.T.A.Nos.417/HYD/91 and 425/HYD/91 raising the following questions of law relating to the assessment years 1982-83 and 1984-85. “Whether, on the facts and in the circumstances of the case, the ITAT was correct in law in holding that the provisions of S.21(4) are not attracted where even though the beneficiary is known, his share is indeterminate as on the valuation dates as per clause (4) of the Trust Deed?” Heard the learned Counsel for the revenue and the learned counsel for the assessee. In the course of hearing, the learned counsel for the assessee fairly concedes that the identical question was considered by this Court reported in Commissioner of Wealth Tax v. Nizam’s Miscellaneous Trust (Trustees of H.E.H.)[1] and as such the question required to be answered against the assessee and in favour of the revenue. Recording the said submission, the referred case is disposed of answering the question in favour of the revenue and against the assessee. No order as to costs. Miscellaneous Petitions pending, if any, shall stand closed. -------------------------------- G.CHANDRAIAH,J ------------------------------------ CHALLA KODANDA RAM,J DATE: 30.01.2014 bv [1] (1980) 126 ITR 0233