Sec 27 Wealth-Tax Reference Application Form

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FORM OF REFERENCE APPLICATION UNDER SUB-SECTION (1) OF SECTION 27 OF THE WEALTH-TAX ACT, 1957

Need a reliable FORM OF REFERENCE APPLICATION UNDER SUB-SECTION (1) OF SECTION 27 OF THE WEALTH-TAX ACT, 1957 Format to refer substantial questions of law to the High Court? Download our ready-to-use, customizable legal template in PDF or Word format, tailored for Indian wealth-tax disputes.

What is FORM OF REFERENCE APPLICATION UNDER SUB-SECTION (1) OF SECTION 27 OF THE WEALTH-TAX ACT, 1957?

The FORM OF REFERENCE APPLICATION UNDER SUB-SECTION (1) OF SECTION 27 OF THE WEALTH-TAX ACT, 1957 is a prescribed legal document used by taxpayers or assessees to request the High Court to hear and decide substantial questions of law arising from the Income Tax Appellate Tribunal (ITAT) orders related to wealth-tax assessments. Under Section 27(1) of the Wealth-Tax Act, 1957, an assessee aggrieved by an ITAT decision can apply within 60 days for a reference if it involves a question of law. This format ensures compliance with court requirements in India, making it essential for challenging wealth-tax liabilities effectively.

Why is it Important?

Filing a correct FORM OF REFERENCE APPLICATION UNDER SUB-SECTION (1) OF SECTION 27 OF THE WEALTH-TAX ACT, 1957 Format is crucial for preserving your right to judicial review. Incorrect formats or missed deadlines can lead to dismissal of your application, resulting in upheld tax demands. It provides a structured way to articulate complex legal issues, increasing chances of favorable High Court rulings. In the context of Indian tax laws, this document upholds procedural fairness and protects taxpayer rights against arbitrary assessments.

Key Elements of the FORM OF REFERENCE APPLICATION UNDER SUB-SECTION (1) OF SECTION 27 OF THE WEALTH-TAX ACT, 1957 Format

Our ready-to-use template includes all mandatory sections:

Header and Court Details: Specify the High Court jurisdiction and case title.
Applicant and Respondent Details: Full name, address, PAN, and status of the assessee.
Assessment Year and Appeal Details: Reference to ITAT order number, date, and bench.
Substantial Question of Law: Clearly stated propositions with grounds.
Statement of Facts: Concise summary of the case background.
Grounds for Application: Detailed arguments supporting the question of law.
Prayer Clause: Specific relief sought from the court.
Verification and Affidavit: Signed declaration by the applicant or authorized representative.
Annexures: Copies of ITAT order, assessment order, etc.

This comprehensive structure meets Wealth-Tax Rules and High Court standards.

Who Should Use This Form?

Wealth-tax assessees disputing ITAT decisions on valuation of assets, exemptions, or computation errors.
High-net-worth individuals, HUFs, companies facing wealth-tax notices under the 1957 Act.
Tax professionals, CAs, or lawyers handling legacy wealth-tax cases in civil or appellate proceedings.
Businesses or trusts needing to refer questions on deemed wealth or agricultural land valuations.

Common use cases include challenging excessive valuations, incorrect inclusions of assets, or procedural lapses in assessments.

Download FORM OF REFERENCE APPLICATION UNDER SUB-SECTION (1) OF SECTION 27 OF THE WEALTH-TAX ACT, 1957 Sample Now

Get instant access to our free downloadable FORM OF REFERENCE APPLICATION UNDER SUB-SECTION (1) OF SECTION 27 OF THE WEALTH-TAX ACT, 1957 Format in PDF/Word. Customize it with AI assistance or professional legal help for your specific case. Paid options offer unlimited edits, premium support, and compliant versions.

Customize and Get Legal Advice

While our legal template is ready-to-use and based on standard Indian court requirements, it's advisable to consult a tax lawyer or chartered accountant for personalization. Not legal advice—use responsibly. Explore related templates like Wealth-Tax Appeal Forms, Section 26 Reference Applications, or ITAT Stay Petitions for comprehensive tax compliance.

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FORM OF REFERENCE APPLICATION UNDER SUB-SECTION (1) OF SECTION 27 OF THE WEALTH-TAX ACT, 1957

Non-Judicial

FORM H

[See rule 7]

Form of reference application under sub-section (1) of section 27 of the Wealth-tax Act, 1957

BEFORE THE INCOME-TAX APPELLATE TRUBUNAL ...........................................................................

The .......................................... day of ................. 19 ..........

IN THE MATTER OF ASSESSMENT OF WEALTH OF ..............................................................................

FOR THE ASSESSMENT YEAR ....................................................................................................................

R.A. (W.T.) No. ........................... of ......................... 19 ....... 19.......

[To be filled in by office]

................................................. versus .................................................

(Applicant) (Respondent)

State from which the application is filed ...........................................................................................................

Name and number of the appeal which

Gives rise to the reference .................................................................

The applicant states as follows: --

1. That the appeal noted above was decided by the Appellate Tribunal .................. on ........................

2. That the notice of the order under sub-section (5) of section 24 of the Wealth-tax Act, 1957 was served on the applicant on ...........

3. That the facts which are admitted and/or found by the Appellate Tribunal and which are necessary for drawing up a statement of the case, are stated in the enclosure for ready reference.

4. That the following questions of law arise out of the order of the Appellate Tribunal :-

(a) ..........

(b) .........

5. That the applicant, therefore, requires under sub-section (1) of section 27 of the Wealth-tax Act, 1957, that a statement of the case be drawn up and the questions of law numbered .............. out of the questions of law referred to in paragraph 4 above be referred to the High Court.

6. That the date on which the return of net wealth for the assessment year in connection with which the reference application is being made was filed is ............ and the date on which the assessee was served with a notice calling upon him to file the return of net wealth for that assessment year is ...........

7. That the documents or copies thereof, as specified below (the translation in English of the documents, where necessary, is annexed) be forwarded to the High Court with the statement of the case.

......................................................		......................................................

Signed		Signed
(Authorised representative, if any)		(Applicant)

Dated ..................................

Address ...............................

Notes :

1. The application must be made within sixty days of the date upon which the applicant is served with the order of the Appellate Tribunal, which gives rise to the reference.

2. The application must be accompanied by a fee specified below :-

(a) in a case where the assessment proceedings were initiated before the 1^st day of April 1971, Rs. 100:

(b) in a case where the assessment proceedings were initiated after the 31^st day of March 1971, but before the 1^st day of June, 1981, Rs. 125;

For the purpose of this Note, the assessment proceedings shall be deemed to have been initiated on either of the dates referred to in paragraph 6, whichever is earlier, except where the applicant is the Chief Commissioner of Commissioner. It is suggested that the fee should be credited in a branch of the authorised Bank or a branch of the State Bank of India or a branch of the Reserve Bank of India, after obtaining a challan from the Assessing Officer. The Tribunal will not accept cheques, drafts, hundies, or other negotiable instruments.

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Frequently asked questions

What is the purpose of the Form of Reference Application under Sub-section (1) of Section 27 of the Wealth-Tax Act, 1957?→

This legal form allows the assessee or Commissioner to seek a reference to the High Court on substantial questions of law from the Appellate Tribunal's order in wealth-tax matters in India.

Is this reference application form still valid in India after the repeal of the Wealth-Tax Act?→

The Wealth-Tax Act was repealed in 2015, but this form remains relevant for legacy cases or ongoing proceedings for prior assessment years. Consult a tax lawyer for applicability.

Who can file this Form of Reference Application under Section 27(1)?→

Taxpayers (assessee) or wealth-tax authorities dissatisfied with the Tribunal's decision on legal questions can use this form to approach the High Court in India.

In what format is this reference application form available for download?→

Download the form in editable Word or PDF format, suitable for wealth-tax reference applications under the Wealth-Tax Act in India.

Do I need to pay stamp duty or court fees for this reference application?→

Court fees as per the Court Fees Act apply upon filing in the High Court; stamp duty is generally not required for this form, but check local High Court rules in India.

Can I customize or edit this reference application form?→

Yes, the Word format is fully customizable to include your specific details while ensuring compliance with Section 27 of the Wealth-Tax Act, 1957 in India.