1984 (12) TMI 32 - HC - Wealth-tax

Summary

Issues involved: Wealth-tax reference application u/s 27(3) of the Wealth-tax Act, validity of assessment reopening based on Valuation Officer's report.

Summary:
The High Court of Rajasthan considered a wealth-tax reference application u/s 27(3) of the Wealth-tax Act, arising from an order of the Tribunal, Jaipur Bench. The case involved the valuation of property belonging to a firm, where the assessee's interest exceeded the chargeable limit. The Tribunal held that a reference to the Valuation Officer could only be made during the pendency of assessment proceedings, not for reopening assessment. The question sent to the court was whether the Tribunal was justified in setting aside the assessment made u/s 17 of the Wealth-tax Act. The court, citing previous judgments, including Brig. B. Lall v. WTO, held that a completed assessment cannot be reopened based on a Valuation Officer's report obtained for reopening purposes. The crucial point was whether the report was obtained for reopening a completed assessment. The court affirmed the Tribunal's decision, stating that the assessment had not been validly reopened. The well-settled position of law supported this conclusion, leading to the cancellation of the assessment under section 17 of the Wealth-tax Act.

This judgment clarifies the legal principles regarding the reopening of assessments based on Valuation Officer's reports and emphasizes the importance of the timing and purpose of such references in wealth-tax cases.