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1992 Supreme(All) 532

OM PRAKASH, R.K.GULATI
COMMISSIONER OF WEALTH-TAX – Appellant
Versus
SYED AMJAD ALI – Respondent


Advocates Appeared:
ASHOK GUPTA

( 1 ) AT the instance of the Revenue, the Income-tax Appellate Tribunal, Delhi Bench "b", New delhi, has referred the following question for the opinion of this court :

"whether, on the facts and in the circumstances of the case, the Tribunal was correct in holding that the firm, Messrs. Amjad Ali and Company, in which the assessee was a partner was an industrial undertaking within the meaning of the Explanation to Section 5 (1) (xxxii) of the wealth-tax Act, 1957, and as such in confirming the order of the Appellate Assistant commissioner whereby he held that the assessee was entitled to exemption under Section 5 (1) (xxxii) of the Act in respect of his interest in the said firm ?"

( 2 ) LIST is revised. None appears for the assessee. We have, therefore, heard only learned standing counsel for the Department.

( 3 ) THE opposite party is a partner in the firm, Messrs. Amjad Ali and Co. , Meerut, which is said to be engaged in the manufacture and processing of tobacco. The Tribunal relying on the order of the Appellate Assistant Commissioner found :

"the process which the raw tobacco has to undergo till it reaches the final stage of sale to beeri merchants has been mentioned by the ass














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