Ram Saran Das Tandon v. Commissioner Of Wealth-Tax.

Om Prakash, J.:— Upon hearing the parties, we are of the view that the questions as proposed by the assessee are questions of law and they do arise from the Tribunal's order dated September 29, 1987, and we, therefore, direct the Appellate Tribunal to draw up statement of the case and refer the following questions for the opinion of this court:

“(1) Whether the Income-tax Appellate Tribunal, under the facts and circumstances of case, was justified in holding that house No. 64, Laj-pat Nagar, Varanasi, belonged to assessee?

(2) Whether, in the absence of execution of a document and its registration by the Co-operative Society, in favour of the assessee, the Income-tax Appellate Tribunal was justified in assessing the value of said assets in the hands of the assessee when his beneficial interest therein had passed to his wife?

(3) Whether execution of a document by the Co-operative Society in favour of the assessee's wife in 1983 with retrospective effect complied with substitution of her name, will not pass the title in house No. 64, Lajpat Nagar, Varanasi, and the same belonged to her?”

2. The application is, therefore, allowed.