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1982 Supreme(All) 374

R.R.RASTOGI, K.N.SETH
PREM LATA AGARWAL – Appellant
Versus
COMMISSIONER OF WEALTH-TAX – Respondent


RASTOGI, J.


( 1 ) BOTH these references can be taken up together. The Income-tax Appellate Tribunal, B-Bench, allahabad (hereafter "the Tribunal"), stated a case and referred the following questions of law for the opinion of this court under Section 27 (1) of the W. T. Act (hereafter "the Act") :

" (i) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that half the value of the properties owned by the association of persons consisting of the assessee and her son was liable to be assessed as assessees wealth ? (ii) Whether, on the facts and in the circumstances of the case, the Tribunal was right in rejecting the assessees claim that the entire amount of the income-tax liabilities outstanding against the huf of M/s. Kishori Lal Mukundi Lal was liable to be treated as a debt owed by the assessee and in holding that only 1/5th of this liability could be treated as the liability of the assessee while computing her wealth ? (iii) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessees claim for deduction of the income-tax demands outstanding against M/s. Kishori Lal Mukundi Lal was hit by































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