Supreme Court of India

Bharat Hari Singhania and Ors. Etc. Etc. v. Commissioner of Wealth Tax (central) and Ors.

Neutral citation
Reported as [1994] 1 S.C.R. 1033
Bench S.C. Agrawal, B.P. Jeevan Reddy and As. Anand JJ.
Decided 16 February 1994

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

2 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that Rule 1-D is not ineffective or invalid for any of the reasons suggested by the learned counsel for the assessees nor can it be said that the Wealth Tax Officer has an option to follow or not to follow the said Rule.

Judgment, page 24

From the headnote

Wealth TaxAct, 1957/Wealth Tax Rules: Sections 2, 3, 7 and 24(6)/Rule Unquoted equity shares of companies other than investment companies c . and managi,ng agency companies-Detemiination of market value-Break-up method fomiula-Validity of-Rule 1 ( d) and Explanation I thereto-Perfectly valid piece of delegated legi,slation-Not in conflict with Section 24(6) of the Act-Rule being mandatory or directory does not arise-No deduction on account of capital gains tax payable in case the shares were sold on the valuation date-Assessee holding shares in company whose assets comprise of .igricultural

Where later benches applied it

Of those, 2 referred to

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