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1988 Supreme(Kar) 551

M.RAMA JOIS, S.RAJENDRA BABU
Commissioner of Wealth-tax – Appellant
Versus
Latha D. Pai – Respondent


Advocates:
Advocate Appeared:
Mr. K. Srinivasan, for the Appellant
Mr. S.P. Bhat, for the Respondent

JUDGMENT

Rama Jois, J.—These references are made at the instance of the Commissioner of Wealth-tax, Karnataka-II, Bangalore, by the Tribunal under section 27(1) of the Wealth-tax Act, 1957 ("the Act" for short).

2. The questions referred for the opinion of this court are :

"(i) Whether, on the facts and in the circumstances of the case, in valuing the assets held by the assessee in Bharat Bidi Works Pvt. Ltd., the amount representing the advance Income Tax paid by the company should not be deducted from the amount representing the provision of taxation for the assessment year 1973-74, on a proper interpretation of rule 1 D of the Wealth-tax Rules, read with the Explanation II(ii)(e) of the Wealth-tax Rules ?

(ii) Whether, on the facts and in the circumstances of the case, the value of the National Defence Certificates for Rs. 70,000 held by the assessee was exempt under section 5(1) read with section 5(1A) of the Wealth-tax Act, 1957, for the assessment year 1973-74 ?"

3. As far as the first question is concerned, it is covered by the decision of the court in Commissioner of Wealth-tax Vs. N. Krishnan, (1986) 162 ITR 309 KAR . Following the ratio of the said judgment, we answer the



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