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1966 Supreme(Pat) 6

S.N.P.SINGH, H.MAHAPATRA
Maharaj Kumar Kamal Singh – Appellant
Versus
Commissioner Of Wealth Tax – Respondent


Judgment

Mahapatra, J.

1. These two references, under Sec.27(1) of the Wealth Tax Act, by the appellate tribunal, Patna, are in relation to assessment years, 1957-58 and 1958-59, in respect of which the two corresponding valuation dates were 31-10-1958, and 31-10-1959 respectively. The assessee is an individual His estate vested in the State of Bihar under the Bihar Land Reforms Act on and from 1-7-1952. He was entitled to receive compensation in that respect from the Government. The manner in which the compensation will be computed as due to an ex-proprietor of an estate has been prescribed in the Act itself. The Wealth Tax Officer included Rs. 10,26,128 in the net wealth of the assessee for determining the wealth tax payable by him as, according to him, that was the amount of compensation due to the assessee from the Government. The basis of that calculation was what the Agricultural Income tax Officer, Arrah, had determined for the year 1359 Fasli to be the assessees zamindari income (Rs. 3,42,041). The Wealth Tax Officer took three times of that as the minimum compensation which the assessee was likely to receive from the Government. Against that the assessee went in appeal befo
















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