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Judgment
T.D. SUGLA, J. :
In this Departmental reference relating to the assessee''s three asst. yrs. 1968-69, 1969-70 and 1970-71, the Income Tax Appellate Tribunal has referred to this Court only one question of law under s. 27(1) of the WT Act, 1957. The question reads thus :
"Whether, on the facts and in the circumstances of the case, the Tribunal was right in confirming the order of the AAC and holding that the WTO could not rectify under s. 35 the assessment as originally made for the purpose of including the value of jewellery in the net wealth of the assessee in terms of the amended provision of s. 5(1)(viii) of the WT Act ?"
The counsel are agreed that in view of the Supreme Court''s judgment in J.M. Bhatia, Appellate Assistant Commissioner of Wealth Tax and Others Vs. J.M. Shah, , the question is to be answered in the negative and in favour of the Revenue. It is, however, stated by the counsel on the two sides that as directed by our Court in Commissioner of Wealth-tax Vs. J.S. Sabavalla, , it is necessary to direct the Tribunal to consider whether the ornaments belonging to the assessee shall fall within the meaning of the word ''jewellery''.
Accordingly, while we answer the question in the negative and in favour of the Revenue, we direct the Tribunal that it should, while giving effect to our judgment, include the value of these ornaments only which fall within the meaning of the word ''jewellery''.
No order as to the costs of the reference.