1985 (8) TMI 30

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..... 57, by the Commissioner, Wealth-tax, Rajasthan, Jaipur, seeking a reference in respect of the following question which is said to arise out of the order of the Income-tax Appellate Tribunal, dated July 4, 1980 : "Whether, on the facts and in the circumstances of the present case, the Tribunal was justified in upholding the finding of the Appellate Assistant Commissioner that the value of the ten .....

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..... on the relevant valuation date and since the value of the said shops had escaped assessment in the original assessment proceedings, the Wealth-tax Officer initiated proceedings under section 17 of the Wealth-tax Act and assessed the value of the ten shops at Rs. 50,000 and added the same to the net wealth of the assessee. On appeal, the Appellate Assistant Commissioner of Wealth-tax, relying upon .....

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..... 'B' (camp at Jaipur), agreed with the finding arrived at by the Appellate Assistant Commissioner and observed that the reasons given by him in support of his finding clearly pointed out that the ten shops in question were gifted by Rao Raja Kalyan Singh to his daughter, Smt. Phool Kanwar, at the time of her marriage in the year 1927 and were received by her and further that Smt. Phool Kanwar was i .....

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..... Tribunal was purely a finding of fact. In this view of the matter, the Tribunal refused to make a reference to this court. It may be observed that the Department has annexed documents with the reference application which relate to the assessment year 1968-69, whereas the reference application relates to the wealth-tax assessment of the assessee pertaining to the assessment year 1967-68. However .....

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..... onclusion that the assessee, Rao Raja Kalyan Singh, had gifted the ten shops in question to his daughter, Smt. Phool Kanwar, at the time of her marriage and that she was receiving the rents and profits in respect of said shops ever since her marriage. The finding arrived at by the Tribunal being one essentially of fact, no question of law arises in our view. The application for calling for referen .....

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