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TMI Blog1985 (6) TMI 64X X X X Extracts X X X X X X X X Extracts X X X X ..... 07 (Delhi) of 1982 in relation to the assessment year 1976-77, on appeal by the revenue : "Whether, on the facts and in the circumstances of the case, the Tribunal was justified in directing the WTO to revalue the property at 15-B, Friends Colony, in accordance with rule 1BB of the Wealth-tax (Amendment) Rules by holding that though it came into existence with effect from 1-4-1979, yet it had retrospective operation ?" 2. Qua, the reasoning contained in order dated 23-8-1983, made in the case of CWT v. D.G. Bhagat [1983] 17 TTJ 460 (Delhi). We decline to draw up the statement of the case inasmuch as in our opinion, the answer to the question is self-evident. 3. We like to add here that although in making our order dated 1-9-1983, we have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ax Rules, 1957 ('the Rules'). I have been a party to a number of such references. 2. The learned Judicial Member, however, sitting in Delhi Bench 'A' with brother Bishan Lal, declined to refer this question by order in CWT v. Ram Prasad [1983] Taxation 71(6)-47. Thereafter, similar view was taken by the learned Judicial Member sitting with brother V. Dongzathang in Delhi Bench 'E' in CWT v. Mohd. Haroon Japanwala [RA Nos. 558 and 559 of 1983] and in D.G. Bhagat's case. 3. In view of the said divergence of opinion between different Benches at Delhi, the Tribunal 'A' Bench in CWT v. Smt. Razia Begum [1985] 21 Taxman 67 made reference on 6-10-1983 to the President of the Tribunal to constitute a Special Bench to determine whether referable q ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the revenue in this reference application does not merit to be referred to the Hon'ble High Court ?" On hearing the reference application, the learned Judicial Member was of the opinion that no referable question of law arose out of the order of the Tribunal in WT Appeal No. 1607 of 1982. According to him, the question of law need not be referred to the High Court for the reasons given in another case of D.G. Bhagat. In other words, on the ground that in another case, no question of law was referred to the High Court, he held that no question of law could be said to arise out of the order of the Tribunal in the above-cited order. The learned Accountant Member, on the other hand, felt that since the Bench which heard the appeal allowed the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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