Prior identical decision barred fresh reference on wealth-tax valuation questions where Tribunal findings were not shown perverse.

Where the factual setting and proposed questions of law were identical to an earlier decision between the same parties, the High Court declined to require a fresh reference from the Tribunal. The controversy concerned valuation of closing stock for wealth-tax purposes under rule 2B(2) of the Wealth-tax Rules, 1957, but the Revenue did not show that the Tribunal's factual finding was perverse or unsupported by evidence. The earlier ruling was treated as governing the matter, so no further reference was directed and the reference applications failed.

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Issues: Whether the High Court should direct the Tribunal to refer the proposed questions of law arising from the wealth-tax assessment.

Analysis: The reference applications concerned assessment year 1977-78 and raised questions about valuation of closing stock for the purposes of rule 2B(2) of the Wealth-tax Rules, 1957. The Court found the material facts to be exactly identical to those considered earlier between the same parties, and noted that the Revenue had not challenged the Tribunal's factual finding as perverse or unsupported by evidence. In those circumstances, the earlier decision of the same Court on the same controversy was treated as governing the matter, and no fresh reference was considered necessary.

Conclusion: The Tribunal was not directed to refer the questions again, and the reference applications failed.

Ratio Decidendi: Where the factual setting and questions are already covered by an earlier decision between the same parties, and no challenge is made that the Tribunal's finding is perverse or unsupported by evidence, the Court may decline to require a further reference of the same questions.

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