1 wtxa3169-10 agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WEALTH TAX APPEAL NO.3169 OF 2010 Commissioner of Wealth Tax, Central II, Mumbai ..Appellant. Versus M/s.Manugraph India Limited ..Respondent. Mr.Vimal Gupta with Ms.Padma Divakar for the appellant. Mr.Mihir Naniwadekar for the respondent. CORAM : J.P. Devadhar & K.K. Tated, JJ. DATE : 13th October 2011 P.C. : 1. Whether the Income Tax Appellate Tribunal was justified in holding that the value of partly let out property cannot be included in the taxable wealth of the appellant under Section 2(ea) of the Wealth Tax Act, 1957 is the basic question raised in this appeal. 2. The assessee had shown rent from sister concern under the head ‘income from house property’. In the wealth tax return, the assessee claimed that office premises, a part of which had been rented is a business asset and is, therefore, exempt under Section 2(ea)(5)(i) of the Wealth Tax Act. The assessing officer rejected the claim of the assessee by following his earlier orders. 2 wtxa3169-10 3. The Income Tax Appellate Tribunal allowed the claim of the assessee by following its decision in the case of the assessee for assessment years 1997-1998 to 2004-2005. Admittedly, the appeals filed by the Revenue for those assessment years have been dismissed by this Court either on the ground of delay or for non removal of office objections. No steps have been taken to restore those appeals. Thus, the orders of the Income Tax Appellate Tribunal for assessment years 1997-1998 to 2004-2005 have attained finality. 4. In these circumstances, we see no reason to entertain the present appeal. The appeal is accordingly dismissed with no order as to costs. (K.K. Tated, J.) (J.P. Devadhar, J.)