The Commissioner Of Income Tax-9 v. Wtxa.1558.12.905

kps IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION WEALTH TAX APPEAL NO.1558 OF 2012 The Commissioner of Income Tax-9...Appellant-Versus-M/s Parel Bisleri Pvt. Ltd....Respondent ........... Mr.Vimal Gupta, Senior Advocate a/w Mr.A.K.Saxena, for the Appellant/ Revenue.Mr.Atul K. Jasani, for the Respondent/ Assessee. ........... CORAM: S.C. DHARMADHIKARIAND GIRISH S. KULKARNI, JJ. DATE :- 08[th] April, 2014 P.C.: 1Having heard Mr.Gupta, learned Senior Counsel appearing for the Appellant/ Revenue and Mr.Jasani, learned counsel appearing for the Respondent/ Assessee, so also, perusing the order of the Income Tax Appellate Tribunal, we are of the opinion that the Appeal raises a substantial question of law. The Appeal is, therefore, ADMITTED on the following questions of law:- (i)Whether on the facts and in the circumstances of the case and in law the Hon'ble Tribunal was right in holding that the restriction on the powers of the Assessing Officer to entertain a new claim made by the Assessee Company without filing a revised return of Income/ Wealth as held by the Honourable Supreme Court in Goetze (India) Ltd. v/s CIT (284 ITR 323) does not apply to appellate authorities?in law the Hon'ble Tribunal was right in holding that the restriction on the powers of the Assessing Officer to entertain a new claim made by the Assessee Company without filing a revised return of Income/ Wealth as held by the Honourable Supreme Court in Goetze (India) Ltd. v/s CIT (284 ITR 323) does not apply to appellate authorities? (ii)Whether on the facts and in the circumstances of the case and in law the Honourable Tribunal was right in holding that a property not used for the business of the Assessee Company would be exempt from Wealth Tax under Section 2(ea)(i)(5) of the Wealth Tax Act?in law the Honourable Tribunal was right in holding that a property not used for the business of the Assessee Company would be exempt from Wealth Tax under Section 2(ea)(i)(5) of the Wealth Tax Act? 2 The Respondent waives service. (GIRISH S. KULKARNI, J.) (S.C. DHARMADHIKARI, J.)