2010 (11) TMI 75 - HC - Wealth-tax

Order of remittance - Tribunal remitted the matter while the proceedings were pending before SC - Held that - petitioner has not adequately pursued the matter before the learned Assessing Officer - No justification for the petitioner to approach this Court - writ petition is dismissed with the direction to the learned Assessing Officer to pass a final order

Summary

Issues:
1. Interpretation of Section 27 of the Wealth Tax Act 1957.
2. Compliance with court judgments by the petitioner.
3. Justifiability of approaching the High Court instead of the Assessing Officer.
4. Dismissal of the writ petition and imposition of costs.

Analysis:
1. The High Court addressed the interpretation of Section 27 of the Wealth Tax Act 1957 in response to a reference made by the Income Tax Appellate Tribunal. The Court had previously answered the issues in the reference through a judgment dated 5.5.1972. Subsequently, the Commissioner of Wealth Tax, Patna, challenged this judgment in Civil Appeal Nos.1233-37 of 1973, which was dismissed by the Supreme Court on 20.2.1984, affirming the decision of the High Court. The Tribunal, during the pendency of proceedings before the Supreme Court, followed the High Court's judgment and remitted the matter to the Assessing Officer for final order.

2. The High Court found that after the Supreme Court's dismissal of the appeals, it was the petitioner's obligation to approach the Assessing Officer for a final order. However, the petitioner needlessly filed a writ petition with the High Court instead of pursuing the matter before the Assessing Officer. The Court noted the petitioner's failure to adequately pursue the case before the Assessing Officer, leading to unnecessary delays and hindrance in the assessment process. Consequently, the Court dismissed the writ petition and directed the Assessing Officer to issue a final order within four months.

3. The Court emphasized that the petitioner's actions had prevented the Assessing Officer from applying his judgment, causing unwarranted interference in the assessment process. Despite repeated inquiries, the petitioner's counsel failed to demonstrate sufficient justification for bypassing the Assessing Officer and directly approaching the High Court. As a result, the Court dismissed the writ petition and instructed the petitioner to pay costs amounting to Rs.10,000, to be deposited in the Government Treasury under the Assessing Officer's orders. The four-month period for the final order's issuance would commence upon the deposit of costs.