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Issues involved: Determination of limitation period for revising wealth-tax assessment orders u/s 25(2) and calculation of limitation period from original assessment date or reassessment date.
Summary: The case involved a dispute regarding the limitation period for revising wealth-tax assessment orders u/s 25(2) of the Wealth-tax Act, 1957. The assessee, Thanga Pillai, was assessed for the years 1975-76, 1976-77, and 1977-78 with valuation discrepancies in agricultural and non-agricultural properties. Subsequent appeals and reassessment orders were made, leading to a revision by the Commissioner under section 25(2). The Revenue argued that the limitation period for revision should be calculated from the end of the financial year in which the reassessment order was passed, citing legal precedents like CIT v. Sun Engineering Works Pvt. Ltd. The assessee contended that the Commissioner could not revise the valuation of agricultural lands from the original assessment orders after the prescribed two-year period, referring to the case of Mettur Chemical and Industrial Corporation Ltd. The Court clarified that reassessment proceedings are meant to address escaped wealth or income and cannot be used to revisit matters already assessed unless related to escaped income. The reassessment order is a combination of the original assessment and new findings on escaped wealth. The Commissioner's revisional power must be exercised within the prescribed limitation to protect the assessee's rights. Ultimately, the Court ruled in favor of the assessee, stating that the Commissioner's revision under section 25(2) should pertain to items related to escaped assessment, not those already assessed. The limitation period for revision must be respected, and in this case, the Revenue missed opportunities to challenge the original assessment within the prescribed time frame. As a result, the assessee was awarded costs amounting to Rs.3,000.
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