SABYASACHI MUKHARJEE, R.S.PATHAK
Late Nawab Sir Mir Osman Ali Khan – Appellant
Versus
Commissioner Of Wealth Tax, Hyderabad – Respondent
Judgment
SABYASACHI MUKHARJI, J.: - This appeal by certificate arises from the decision of the High Court of Andhra Pradesh and it seeks answers to two questions :
"(i) Whether, on the facts and in the circumstances of the case, the properties in respect of which registered sale deeds had not been executed, but consideration had been received, belonged to the assessee for the purpose of inclusion in his net wealth within the meaning of S. 2(m) of the Wealth-tax Act, 1957?
(ii) Whether, on the facts and in the circumstances of the case, the assessees right to receive the sum of Rs. 25 lakhs O. S. from the State Government was an asset for the purposes of inclusion in his net wealth under the Wealth-tax Act, 1957?
2. The year involved in this case is the assessment year 1957-58 under the Wealth-tax Act, 1957 (hereinafter called the Act) It may be mentioned that the valuation date is the first valuation date after coming into operation of the Act which came into force on lst April, 1957. The assessee was the Nizam of Hyderabad, an individual. There were several questions involved in the assessment with all of which the present appeal is not concerned.
3. So far as the first question indica
relied on : CWT v. Bishwanath Chatterjee
Raja Mohammad Amir Ahmad Khan v. M. Municipal Board of Sitapur
distinguished : CWT v. Trustees of H.E.H. Nizams Family (Remainder Wealth) Trust
B. Jodha Mal Kuthiala v. Commissioner of Income Tax
Commissioner of Income Tax v. Ganga Properties Ltd
Raja Mohammad Amir Ahmad Khan v. Municipal Board of Sitapur
Smt. Kala Rani v. Commissioner of Income Tax
S.B. (House and Land) Pvt. Ltd. v. Commissioner of Income Tax
Commissioner of Income Tax v. Sahay Properties and Investment Co. (P) Ltd
referred to : Ahmed G.H. Ariff v. CWT
CWT v. Her Highess Maharani Gayatri Devi of Jaipur
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