mgn IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WEALTH TAX REFERENCE NO.218 OF 1987 The Commissioner of Wealth Tax ..Applicant Vs. Shri Jitendra Kapoor ..Respondents Mr. P.S. Sahadevan, for the Applicant CORAM : F.I. REBELLO & R.S. MOHITE, JJ. DATED : 13TH FEBRUARY 2009 P.C. The Tribunal has referred the following question: “Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the value of the annuity policies is not to be included as an asset of the assessee?” 2. The issue is covered by the judgment of the Supreme Court in Commissioner of Wealth Tax, Punjab 1985 156 ITR 545 (S.C.). 3. Considering the above, the question is answered in the affirmative in favour of the assessee and against the Revenue. (R.S. MOHITE, J.) (F.I. REBELLO,J.)