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1970 Supreme(Cal) 40

P.B.MUKHARJI, T.K.BASU
COMMISSIONER OF WEALTH TAX, WEST BENGAL II – Appellant
Versus
U. C. MAHATAB – Respondent


Advocates Appeared:
B.K.PANDEY, Biswarup Gupta, M.M.SAHAI, SUBRATA ROY CHAUDHURI

P. B. MUKHARJL, ACT. C. J.

( 1 ) THIS reference under the Wealth Tax Act raises the following question for answer : "whether on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessee had no right on the relevant valuation dates to receive any compensation for the acquisition of his estate from the Government of West Bengal".

( 2 ) ALTHOUGH the question is framed in that way the real issue by refraining the question is :"whether in the facts and circumstances of this case, the right to compensation under the West Bengal Estates Acquisition Act, 1953 constitutes an asset within the meaning of the Wealth Tax Act and specially in view of the fact where such compensation under the West Bengal Estates Acquisition Act has neither been determined nor paid. "the facts of this case lie within a small compass. The statement of case refers to the assessments during 1957-58, 1958-59 and 1950-60. There are six re- ference applications upon which the statement of case is made raising the combined contention relating to the inclusion within the net wealth of the assessee the value of his right to receive compensation under the West Bengal Estates Acqu

















































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