M.R.Sharma, J.

1. The assessee made a gift of rupees one-lakh in favour of his wife in 1958. The Wealth-tax Officer included this amount in the total wealth of the assessee under Section 4(1) of the Wealth-tax Act (hereinafter called "the Act"). The assessee went in appeal before the Appellate Assistant Commissioner of Wealth-tax, A Range, Patiala, and argued "that proviso to Section 4 is not happily worded. According to him the words for any assessment year commencing after the 31st day of March 1964 refer to the assessment year under the Wealth-tax Act and not to the assessment year under the Gift-tax Act, the reason being that there is a comma after the words under Section 5 of that Act (Gift-tax Act). If these words were meant to refer to the Gift-tax Act, this (comma) should not have been there. Even if the other interpretation that these words refer to the Gift-tax Act be possible (which is not so) then even in the case of two possible interpretations, the interpretation favourable to the appellant should be adopted, because unless the words are capable only of one interpretation and in favour of the revenue, no tax can be levied." .

2. The said officer agreed with th