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TMI Blog2008 (1) TMI 208X X X X Extracts X X X X X X X X Extracts X X X X ..... in two Wealth Tax Appeals for the assessment year 2002-03 and 2003-04. In the present appeal, we are concerned with the assessment year 2002-03. The first question framed for the consideration reads as under : "Whether on the facts and in the circumstances of the case and in law, the Tribunal's was justified in holding that the flats in the impugned premises allotted to the Appellant's employees ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s-a-vis the rent capitalization espoused by the Appellant as mandated by main part of the said Rule 3?" 4. The learned tribunal reproduced the relevant rule which is second proviso to Rule 3 of Schedule III of the Wealth Tax Act and which reads as under : "Provided further that where such property is acquired or constructed of which is completed after 31.03.74, if the value so arrived at is lowe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ?" 8. We find from the order of the Tribunal that this was not in issue and consequently is not required to be answered. 9. That leaves us question No. 2 which reads as under : "Whether on the facts and in the circumstances of the case and in law whether the Tribunal was correct in adjudicating ground no. 1 of the memo of appeal only partially in the sense that it failed to take cognizance of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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