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1981 Supreme(Cal) 80

SABYASACHI MUKHARJEE, SUDHINDRA MOHAN GUHA
SUDESH CHANDRA TALWAR – Appellant
Versus
COMMISSIONER OF WEALTH-TAX – Respondent


Advocates Appeared:
AJIT SEN GUPTA, B.K.NAHA, D.PAL, MANISHA SEAL

SABYASACHI MUKHARJI, J.

( 1 ) IN this reference under Section 27 (3) of the W. T. Act, 1957, the following questions have been referred to this court :"1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that in the instant case the land-cum-building method was the most appropriate method of valuation ? if the answer to question No. 1 be in the negative, whether the correct method of valuation would be rental method based on the actual rent received from the property ?"

( 2 ) IN order to appreciate the questions it would be relevant to refer to certain facts. The assessment years involved are 1964-65, 1965-66, 1966-67, 1967-68, 1968-69 and 1969-70 for which the respective valuation dates were 31-3-64, 31-3-65, 31-3-66, 31-3-67, 31-3-68 and 31-3-69. The question of valuation of the property at premises No. 8, Dover Park, Calcutta, on the respective valuation dates was involved in the appeals before the Tribunal leading to the present reference. The said property is a trust property. It was purchased on the 30th March, 1964, for Rs. 1,20,000 by the trustees for the benefit of the minor beneficiary. It may be mentioned that the trustees we










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