9911796707
TMI Blog1995 (11) TMI 72X X X X Extracts X X X X X X X X Extracts X X X X ..... Maharaja Gaj Singh, is the ex-Ruler of the erstwhile Jodhpur State. He was assessed under the Gift-tax Act for the years 1971-72 and 1972-73. According to the Gift-tax Officer, certain gifts had escaped assessment and, therefore, he, after issuance of the notices to the assessee for both these assessment years, reopened the assessment and reassessed the assessee. The assessee, thereafter, filed an appeal before the Commissioner of Gift-tax (Appeals) which was partly allowed. The assessee thereafter preferred an appeal before the Income-tax Appellate Tribunal. The Revenue also filed cross-objections. The Income-tax Appellate Tribunal, by its judgment dated April 16, 1984, allowed the appeals of the assessee for both the assessment years and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e question referred to the High Court because the findings arrived at by the Tribunal that the properties were not sold for inadequate consideration or below the market value, are findings of fact and the question relating to those findings, which was question No. 9 which was sought to be referred, was not referred by the Tribunal and, therefore, the answering of the question of law will be academic only and the courts are not expected to answer purely academic questions in their advisory jurisdiction. We have considered the submissions made by learned counsel for the parties. The Revenue, in its application for making the reference, requested the Tribunal to refer nine questions of law. Question No. 9, which was sought to be referred, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessee has charged even a penny more than he has shown in the sale deeds. The sales are to third parties and are at arm's length. The assessee would necessarily charge the best price available. That would be surely in his own interest. The properties, when they are in the possession of tenants, do not fetch a good price, which they would fetch if they were vacant. Similarly, a property to which the seller's title is defective or doubtful cannot fetch a price which would be the normal market price which would be paid if the purchaser could get a title free from all doubts. All these matters have not been properly considered by the Departmental Valuer." The Tribunal, in paragraph 41 of the judgment, finally observed as under : "In our op ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Act, though the words used are that "the High Court or the Supreme Court upon hearing such case shall decide the question of law raised therein, and shall deliver its judgment thereon" but it does not mean that the High Court is bound to answer it or to give its decision where the question raised is purely of academic interest and does not resolve the real controversy. In such circumstances, where the question is purely academic or it is unnecessary or does not completely resolve the controversy, the High Court may refuse to answer such question. The answer in the present case to the question referred will not dispose of the real controversy in issue. We are, therefore, of the opinion that it will be futile and meaningless for the cou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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