N.D. Ojha, C.J.

1. An application under Section 27(3) of the Wealth-tax Act, 1957 (hereinafter referred to as "the Act"), was filed in this court by the assessee along with an application under Section 5 of the Limitation Act inasmuch as the application under Section 27(3) of the Act had been filed beyond the period of limitation prescribed for such an application. The matter was listed before a Division Bench of this court which was of the opinion that there are conflicting views of this court with regard to the applicability of Section 5 of the Limitation Act and consequently the matter deserved to be decided by a larger Bench. The two Division Bench decisions of this court which, according to the learned judges, contained conflicting views were CIT v. Gupta & Sons Pvt. Ltd. [1984]146ITR506(MP) and CIT v. Trilokinath [1984]147ITR613(MP) . The learned judges, therefore, referred the following question to a larger Bench :

" Whether Section 5 of the Limitation Act applies to an application under Section 27(3) of the Wealth-tax Act when there is no express provision contained in the Wealth-tax Act excluding the operation of Section 5 of the Limitation Act to this application ?