2008 (3) TMI 700

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....y Lal JUDGMENT The present appeal preferred under s. 27A of the Wealth-tax Act, 1957 (for brevity 'the Act') was admitted on the following substantial question of law : "Whether on the facts and circumstances of the case, the Tribunal was right in rejecting the appellant's claim of complete partition under s. 20 of the WT Act ?" 2. The essential facts which need to be....

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....tition the provision contained in s. 20A of the Act will not get attracted. 3. Being aggrieved by and dissatisfied with the aforesaid order the assessee-appellant preferred an appeal before the CIT(A) who analysing the facts in detail expressed the opinion that there has been a complete partition. Being of this view the first appellate authority directed the AO to proceed with the matter on the....

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....reby set aside the impugned order of learned CWT(A) and restore the order of the AO under s. 20, dt. 27th March, 1996. The appeal of the Revenue is accordingly allowed." 5. Questioning the correctness of the aforesaid order, it is submitted by Mr. H.S. Shrivastava, learned senior counsel, being assisted by Mr. Oswal for the assessee, appellant that the Tribunal being the final fact-finding auth....

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....ives rise to a substantial question of law. 6. Mr. Rohit Arya, learned senior counsel along with Mr. Sanjay Lal, appearing for the Revenue, supported the order passed by the Tribunal. 7. We have carefully perused the order passed by the Tribunal, On a bare perusal of para 4 of the order by which the Tribunal has composed its reasoning, by no stretch of imagination, can be interpretive of the....