9911796707
TMI Blog2011 (2) TMI 1560X X X X Extracts X X X X X X X X Extracts X X X X ..... under: 1. The learned CWT(Appeals) has erred on the facts and law of the case and in the case assessing the value of immovable property at ₹ 6,39,10,92,000/-. No justification on the basis of arrival and no details of addition have been provided. 2. The learned CWT(Appeals) has erred on the facts and law of the case and in the case assessing the Dynasty Jewellery at ₹ 9,00,00,000/-. No reason or cause of addition has been mentioned. 3. The learned CWT(Appeals) has erred on the facts and law of the case and in the case assessing the value of jewellery at ₹ 3,59,71,984/-. No justification on the basis of arrival and no details of addition have been provided. 4. The learned CWT(Appeals) has erred on the facts an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsel for the assessee further pointed out that in assessment years 1991-92 and 1992-93, ITAT has decided ITA Nos. 856 and 857/Del/03. The ITAT has again set aside the issue to the file of the Learned CWT(Appeals). The ITAT while doing so, followed the interim order of Hon'ble Delhi High Court passed in a reference. He placed on record copy of the ITAT s order dated 5.5.2005. On the strength of these orders, he contended that the issue be set aside to the file of the Learned CWT(Appeals). Learned DR was unable to controvert the contentions of the learned counsel for the assessee. 3. We have duly considered the rival contentions and gone through the record carefully. We find that the facts and circumstances are identical between earlie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Maharaja is survived by four sons namely Col.Bhawani Singh, Maharaja Jai Singh, Maharaja Prithvi Raj and Maharaja Jagat Singhy. Late Maharaja had a daughter, Smt.Prem Kumar, who pre-deceased the Maharaja leaving his daughter Smt.Urvashi Devi. Col.Bhawani Singh filed returns under the Income-tax Act/Wealth-tax Act in the status of HUF claiming that entire estate of the deceased Maharaja belonged to the HUF after his demise and that Col.Bhawani Singh was its karta. The Revenue, on the other hand took the stand that the estate belonged to late Maharaja as an individual and after his death all his six heirs inherited the estate in their individual capacities. The matter went upto the Tribunal and the Tribunal held vide its order dated 24.12.19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stated the conclusion which may be arrived at while deciding these reference may ultimately be contrary to the decision which may be arrived at by the Civil Court on the question of title to the property. This is bound to give rise to various complications. As far as the department is concerned, it is making protective asstt. on all possible assessees. The revenue of the department is, therefore, secured. The various assessees are busy fighting with each other in the Civil Court. In order that the dispute pending in the Civil Court is in no way jeopardize by any decision in these references and also in order that there may be no conflict of the decision, it would be appropriate, in our opinion, that these references are adjourned sine die w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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