1995 (7) TMI 10 - HC - Wealth-tax

Appeal To Supreme Court Assessment Notice Charitable Trust High Court Income Tax Act Income Tax Proceedings Notice Of Reassessment Reassessment Notice Wealth Tax Act

Summary

Issues:
Challenging notice under Wealth-tax Act for assessment year 1973-74 and subsequent valuation notices by Valuation Officer. Validity of exemption under Income-tax and Wealth-tax Acts for a public religious and charitable trust. Validity of notice under section 17 of the Wealth-tax Act. Impact of subsequent reversal of findings by Income-tax Tribunal on the validity of the notice. Validity of notices issued by Valuation Officer based on the initiation of proceedings under section 17.

Analysis:
The petitioner, a public religious and charitable trust, challenged a notice under the Wealth-tax Act for the assessment year 1973-74 and subsequent valuation notices by the Valuation Officer. The petitioner claimed exemption from income-tax and wealth-tax under relevant sections of the Income-tax Act and Wealth-tax Act. The Wealth-tax Officer issued the impugned notice under section 17 based on the belief that the net wealth had escaped assessment due to alleged violations of Income-tax Act provisions. The petitioner contended that there was no material to support the claim of escaped assessment. However, the court found that the notice under section 17 was validly issued, as the properties of the trust were found to benefit individuals specified in the Income-tax Act, justifying the initiation of wealth-tax assessment proceedings.

The petitioner argued that subsequent reversal of findings by the Income-tax Tribunal invalidated the basis of the notice under section 17. Citing a judgment of the Andhra Pradesh High Court, the petitioner contended that if the basis of the notice ceases to exist, the notice becomes void ab initio. However, the court relied on precedents from the Gujarat and Calcutta High Courts, which held that subsequent events, such as changes in legal positions, do not invalidate notices issued based on existing beliefs. The court found that the subsequent reversal of findings did not affect the validity of the notice under section 17.

Regarding the notices issued by the Valuation Officer, the petitioner challenged them on the assumption that the initiation of proceedings under section 17 was invalid, thus questioning the validity of the assessment proceedings. However, since the court upheld the validity of the notice under section 17, it dismissed this contention as well. Ultimately, the court dismissed the writ petition, stating that it had no force, and imposed costs on the petitioner.

In conclusion, the court upheld the validity of the notice under section 17 of the Wealth-tax Act, rejected the impact of subsequent reversals of findings on its validity, and dismissed the challenge to the notices issued by the Valuation Officer.