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TMI Blog1984 (11) TMI 81X X X X Extracts X X X X X X X X Extracts X X X X ..... h Rs. 32,656 under s. 5(1)(xii-a) of the WT Act while valuing the assessee's interest in the firm of M/s Vepar." 2. "The ld. AAC has erred in law and on facts in directing the WTO to take into account the securities amounting to Rs. 3,11,910 under s. 5(1)(xvi-a) and shares of Rs. 2759 under s. 5(1)(xx) of the WT Act while valuing the assessee's interest in the firm of M/s Avakash." The asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in case of Pallavi Mayor. 3. Being aggrieved the Revenue has come up in appeal before us. It was contended that the AAC was not justified in directing the WTO to allow exemption as aforesaid in determining the value of interest in the hands of the assessee. The ld. counsel for the assessee on the other hand relied on the order of the Tribunal referred to by the AAC which we have cited supra. In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ble under the WT Act. In that process s. 5(1)(xi) calls for consideration and once the benefits or s. 5(1)(xi) is applied to the firm in determining its net wealth naturally the net wealth of the assessee is allocated and the benefit is obtained by the assessee. The answer to the question is, therefore, self-evidence. The Tribunal's view calls for no interference. Hence we discharged the rule." ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee. As regards the other item, the AAC for the same reasons as recorded by him in case of determination of share of the firm Vepar directed the WTO to allow the claim of the assessee. 6. Being aggrieved the Revenue is in appeal before us. We see no reason to interfere with the decision of the AAC for the same reasons as set out in this order while dealing with the assessee's claim for det ..... X X X X Extracts X X X X X X X X Extracts X X X X
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