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TMI Blog1990 (3) TMI 38X X X X Extracts X X X X X X X X Extracts X X X X ..... ellaneous Civil Case No. 184 of 1989 (CWT v. Sureshchandra Agrawal). Both these applications are being decided together as the facts and questions of law raised before us are identical. The Commissioner of Wealth-tax, Bhopal, has filed both the applications under section 27(3) of the Wealth-tax Act, 1957, seeking a direction to the Income-tax Appellate Tribunal to send the statement of the case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and for the period of default till March 31, 1976, the penalty was imposable at 1/2 per cent of the net wealth ? " The facts leading to these applications are that the assessee, Suresh chandra Agrawal, is an individual. He filed his wealth-tax returns on March 18, 1983, which were respectively due on June 30, 1973, June 30, 1974, and June 30, 1975. The Wealth-tax Officer, while making the asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l the Department filed an application under section 27(1) of the Wealth-tax Act seeking reference to this court on the questions of law enumerated above. The application of the Department was dismissed by the Income-tax Appellate Tribunal, vide its order dated March 1, 1989. Hence these applications seeking a direction to the Tribunal for making a reference to this court on the aforementioned ques ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d July 11, 1988. As such, we are of the view that the matter having been already concluded by the Supreme Court in Mayarani Punj's case [1986] 157 ITR 330 and having been followed by this court in the aforementioned cases, there is no case for admission of these applications for final hearing. The applications filed by the Revenue are, therefore, dismissed with no order as to costs. - - TaxTM ..... X X X X Extracts X X X X X X X X Extracts X X X X
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