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Madras High Court

Commissioner Of Wealth-Tax vs Vummidi Bangaru Chetty (P.) Ltd. on 28 June, 2001

Equivalent citations: [2002]254ITR332(MAD)

Author: R. Jayasimha Babu

Bench: R. Jayasimha Babu

JUDGMENT
 

  K. Gnanaprakasam, J. 
 

1. At the instance of the Revenue, the following question has been referred to us :

"Whether, on the facts and in the circumstances of the case, the Tribunal was correct in coming to the conclusion that the filigree silver and silverware held by the assessee as stock-in-trade is not includible in the net wealth of the assessee ?"

2. The assessment is for the years 1984-85 to 1988-89. During the said period the silverware held by the assessee as stock-in-trade was assessable. In fact the said view is strengthened by the decision of this court in the case of CWT v. Varadharaja Theatres P. Ltd. [2001] 250 ITR 523, wherein it was held that the business assets even such as cinema building were includible in the net wealth of the assessee.

3. The principles laid down in the above decision are applicable to the case on hand and, therefore, we answer the question in favour of the Revenue and against the assessee.