COMMISSIONER OF WEALTH -TAX v. R.S. SETH GHISALAL MODI FAMILY TRUST
[Citation -1986-LL-0829-7]

Citation 1986-LL-0829-7
Appellant Name COMMISSIONER OF WEALTH -TAX
Respondent Name R.S. SETH GHISALAL MODI FAMILY TRUST
Court ITAT
Relevant Act Income-tax
Date of Order 29/08/1986
Judgment View Judgment
Keyword Tags wealth-tax act • family trust
Bot Summary: JUDGMENT JUDGMENT Shri R. C. Mukati, counsel for the petitioner, heard on admission. The applicant, who is the Commissioner of Wealth-tax, Bhopal, has filed this review petition against an order dated July 16, 1985, passed in CWT v, R. S. Seth Ghisalal Modi Family Trust of the Wealth-tax Act 1957, was dismissed in motion hearing by declining to call upon the Tribunal to make a reference as prayed for therein. The learned counsel for the petitioner relying upon the decision in K. Ahamad v. CIT 1974 96 ITR 29, which is a Full Bench decision of the Kerala High Court, submitted that this court under its inherent powers can review the said order as, according to the learned counsel, this court has wrongly relied on the decision in CWT v. Smt. Tarabai Kanakmal 1983 140 ITR 374 which is a Full Bench decision of this court. The learned counsel for the petitioner submitted that as this authority has been wrongly applied while deciding that case, this court should review its earlier order. We are unable to agree with this submission as the authority of the Kerala High Court cited by the learned counsel for the petitioner is distinguishable and even assuming, as was submitted, that we have referred to a wrong decision, in our opinion, that by itself is not a valid ground to review the order passed earlier.


JUDGMENT JUDGMENT Shri R. C. Mukati, counsel for petitioner, heard on admission. applicant, who is Commissioner of Wealth-tax, Bhopal, has filed this review petition against order dated July 16, 1985, passed in CWT v, R. S. Seth Ghisalal Modi Family Trust (M. C. C. No. 312 of 1984: whereby application filed by petitioner under section 27(3) of Wealth-tax Act 1957, was dismissed in motion hearing by declining to call upon Tribunal to make reference as prayed for therein. learned counsel for petitioner relying upon decision in K. Ahamad v. CIT [1974] 96 ITR 29, which is Full Bench decision of Kerala High Court, submitted that this court under its inherent powers can review said order as, according to learned counsel, this court has wrongly relied on decision in CWT v. Smt. Tarabai Kanakmal [1983] 140 ITR 374 which is Full Bench decision of this court. learned counsel for petitioner, therefore, submitted that as this authority has been wrongly applied while deciding that case, this court should review its earlier order. However, we are unable to agree with this submission as authority of Kerala High Court cited by learned counsel for petitioner is distinguishable and even assuming, as was submitted, that we have referred to wrong decision, in our opinion, that by itself is not valid ground to review order passed earlier. application is, therefore, dismissed summarily. *** COMMISSIONER OF WEALTH -TAX v. R.S. SETH GHISALAL MODI FAMILY TRUST
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