1983 (5) TMI 19 - HC - Wealth-tax

Summary

Issues Involved:
1. Validity of reopening assessments based on the Valuation Officer's report.
2. Interpretation of "in consequence of information" u/s 17(1)(b) of the Wealth Tax Act, 1957.

Summary:

1. Validity of Reopening Assessments Based on the Valuation Officer's Report:
The petitioners challenged the reopening of their assessments for the years 1972-73, 1973-74, and 1974-75 based on the Valuation Officer's report for the year 1975-76. They argued that the report was merely an opinion and did not constitute "information" u/s 17(1)(b) of the Wealth Tax Act, 1957. The court held that a Valuation Officer's report, obtained u/s 16A of the Act, is binding on the Wealth Tax Officer (WTO) and constitutes "information" as to a fact. The court rejected the contention that the report was merely an opinion and affirmed that it could be used to reopen assessments.

2. Interpretation of "In Consequence of Information" u/s 17(1)(b) of the Wealth Tax Act, 1957:
The court examined the term "in consequence of information" as found in s. 17(1)(b) of the Act, drawing parallels with similar provisions in the Indian Income Tax Act, 1922, and the Income Tax Act, 1961. Citing Supreme Court rulings, the court clarified that "information" includes facts, factual material, and knowledge derived from external sources. The court concluded that the Valuation Officer's report qualifies as "information" and justified the reopening of assessments. The court dismissed the writ petitions, granting the petitioners 35 days to file their returns and objections before the WTO.