Commissioner of Wealth-tax, Mumbai City-VI v. V. J. Sheth - 2015-LL-0327-103

Citation	2015-LL-0327-103
Appellant Name	Commissioner of Wealth-tax, Mumbai City-VI
Respondent Name	V. J. Sheth
Court	HIGH COURT OF BOMBAY
Relevant Act	Wealth-tax
Date of Order	27/03/2015
Judgment	View Judgment
Keyword Tags	tax effect
Bot Summary:	All appeals including the above and on our weekly board are pending in this Court for nearly 10 years, having been admitted on the questions of law formulated in the order passed in the Wealth Tax Appeal No.824 of 2000 on 7 th June, 2005. Our attention is invited to similar orders passed in Wealth Tax Appeal Nos.825/2000 and 826/2000. At the hearing of the Wealth tax appeal Ms.Vissanji, learned counsel appearing for the respondent hands over a compilation containing details of the Income Tax and Wealth Tax References and which have either been disposed off or Uploaded on - 01/04/2015 Downloaded on - 08/09/2020 11:15:59 2 wtxa824-2000 2 rejected. Some of them have been rejected and disposed of by observing that the tax effect is negligible and minimal. Further, it is not disputed that in Wealth Tax Appeal Nos.824/2000 and 825/200 the tax effect is approximately 1,77,469/- and in Wealth Tax Appeal No.826/2000 it is nil. In the light of the above and finding that in the past, this Court has consistently taken a view that where the tax effect is negligible and minimal, the question of law can be kept open for being answered in an appropriate and deserving case, but by disposing of such appeals. By following the identical course and by keeping the question of law open, we dispose of the above Wealth Tax Appeals.

1 wtxa824-2000+2 sas IN HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WEALTH TAX APPEAL NO.824 OF 2000 WEALTH TAX APPEAL NO.825 OF 2000 WEALTH TAX APPEAL NO.826 OF 2000 Commissioner of Wealth Tax, Mumbi City-VI Appellant. V/s. V.J. Sheth Respondent. Mr.Suresh Kumar for appellant. Ms.Aarti Vissanji with Mr.Sudhir J. Mehta i/b. M/s. S.P.Mehta for respondent. CORAM : S.C.DHARMADHIKARI AND A.K. MENON, JJ. DATED : 27TH MARCH, 2015 P.C. :- 1. All appeals including above and on our weekly board are pending in this Court for nearly 10 years, having been admitted on questions of law formulated in order passed in Wealth Tax Appeal No.824 of 2000 on 7 th June, 2005. Our attention is invited to similar orders passed in Wealth Tax Appeal Nos.825/2000 and 826/2000. At hearing of Wealth tax appeal Ms.Vissanji, learned counsel appearing for respondent hands over compilation containing details of Income Tax and Wealth Tax References and which have either been disposed off or Uploaded on - 01/04/2015 Downloaded on - 08/09/2020 11:15:59 2 wtxa824-2000+2 rejected. 2. Some of them have been rejected and disposed of by observing that tax effect is negligible and minimal. 3. We take this compilation on record and mark same as 'X' for identification. revenue could not dispute factual position emerging from compilation of orders of this Court. Further, it is not disputed that in Wealth Tax Appeal Nos.824/2000 and 825/200 tax effect is approximately `1,77,469/- and in Wealth Tax Appeal No.826/2000 it is nil. 4. In light of above and finding that in past, this Court has consistently taken view that where tax effect is negligible and minimal, question of law can be kept open for being answered in appropriate and deserving case, but by disposing of such appeals. 5. By following identical course and by keeping question of law open, we dispose of above Wealth Tax Appeals. There shall be no order as to costs. (A.K. MENON, J.) (S.C.DHARMADHIKARI, J.) Uploaded on - 01/04/2015 Downloaded on - 08/09/2020 11:15:59 Commissioner of Wealth-tax, Mumbai City-VI v. V. J. Sheth

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