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2016 Supreme(All) 1311

SUDHIR AGARWAL, K.J.THAKER
COMMISSIONER OF INCOME TAX (C) KANPUR – Appellant
Versus
LATE PADAMPAT SINGHANIA – Respondent


Advocates:
Counsel :
A.N. Mahajan (SC), B. Agrawal and Shubham Agarwal for the Appellant; C.S.C., R.S. Agarwal and S.D. Singh for the Respondent.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—We have heard Shri Shubham Agrawal, learned counsel for the appellant and Shri S.D.Singh, learned Senior Counsel for respondent.

2. These appeals under Section 27-A of Wealth Tax Act, 1957 (hereinafter referred to as ‘Act, 1957’) have arisen from judgment and orders dated passed by Income Tax Appellate Tribunal Lucknow Bench, Lucknow (hereinafter referred to as ‘Tribunal’).

3. WTA Nos. 68 of 2007, 206 of 2012, 579 of 2011, 204 of 2012, 576 of 2011, 575 of 2011, 578 of 2011, 205 of 2012 were admitted on following two substantial questions of law:

“(i) Whether ITAT were justified in holding that certain provisions of building bye laws framed by J.D.A in Jan, 1996 were to apply retrospectively for Wealth Tax assessment on valuation date 31.3.1987.

(ii) Whether ITAT were justified in holding that a certain provision of bye laws of J.D.A of Jan, 1996 were to apply in the case of Assessee when this bye laws has itself excluded case of properties like that of Assessee where construction according to sanctioned plan has already been made.”

4. In remai

































































































































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