IN THE HIGH COURT OF GUJARAT AT AHMEDABAD WEALTH TAX REFERENCE No 52 of 1990 For Approval and Signature: Hon'ble MR.JUSTICE M.S.SHAH and Hon'ble MR.JUSTICE K.A.PUJ ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the Civil Judge? : NO @ COMMISSIONER OF WEALTH-TAX Versus MANUBHAI SHIVABHAI PATEL -------------------------------------------------------------- Appearance: 1. WEALTH TAX REFERENCE No. 52 of 1990 MRS MONA BHATT for Petitioner No. 1 SERVED BY RPAD - (N) for Respondent No. 1 -------------------------------------------------------------- CORAM : MR.JUSTICE M.S.SHAH and MR.JUSTICE K.A.PUJ Date of decision: 11/07/2002 ORAL JUDGEMENT (Per : MR.JUSTICE M.S.SHAH) In this Reference at the instance of the revenue, the following question is referred for our opinion in respect of assessment years 1981-82 to 1983-84:- "Whether, the Appellate Tribunal is right in law and on facts in allowing the claim of the assessee under sec. 5 (1A) of the Wealth-tax Act in respect of his share being 8% in Bank deposits held by the partnership firm M/s.Manibhai and Brothers?" 2. We have heard Ms. Mona Bhatt, learned counsel for the applicant- revenue. Though served, none appears for the respondent- assessee. 3. Our attention is invited to the decision dated 18-10-1994 of this Court in Wealth-Tax Reference No.23 of 1981 which was also reference against the same assessee. In the said reference also, question No.1 raised therein was similar to the question referred in the present reference. After considering the decision dated 2-9-1994 of this Court in Wealth-Tax Reference No.9 of 1981 (Commissioner of Wealth-tax vs. Mahesh Kumar R Patel, Baroda), this Court answered the question in the affirmative i.e. in favour of the assessee and against the revenue. Following the aforesaid decision, our answer to the question in this reference is also in the affirmative i.e. in favour of the assessee and against the revenue. 4. The Reference accordingly stands disposed of with no order as to costs. (M.S. Shah,J) (K.A. Puj,J) zgs/-