1980 (4) TMI 78 - HC - Wealth-tax

Summary

Issues involved: Assessment of executor to wealth-tax in respect of the estate of deceased, permission to raise new ground challenging liability to assessment, competence of Tribunal to allow new ground of appeal not agitated before lower authorities.

Assessment of executor to wealth-tax: The executor to the estate of a deceased individual was assessed to wealth-tax for the assessment year 1961-62. The AAC upheld the liability to assessment, which was based on the assets left by the deceased. The executor sought permission to raise a new ground challenging this liability, citing a previous court decision that highlighted the absence of a provision in the Wealth Tax Act for assessing the estate of a deceased individual. The Tribunal allowed the executor to raise this ground, leading to the matter being remanded for further examination on whether the executor could be made liable to wealth-tax in the relevant assessment year.

Permission to raise new ground: The Tribunal's decision to permit the executor to raise a fresh ground challenging the liability to assessment was questioned by the revenue. The revenue argued that allowing a new ground that goes to the root of the jurisdiction of the Wealth Tax Officer was erroneous. However, the Tribunal's jurisdiction to decide the appeal brought before it includes assessing the legality of the proceedings that resulted in the assessment. The contention raised by the executor was a pure question of law regarding the jurisdiction of the Wealth Tax Officer to assess the executor to wealth-tax in the absence of a specific provision in the Act.

Competence of Tribunal: The Tribunal's decision to allow the new ground of appeal was deemed to be a proper exercise of discretion in the interest of justice. The Tribunal had the authority to consider the jurisdictional question raised by the executor, especially since it pertained to the legality of the assessment proceedings. The Tribunal's order, which favored the executor's position, was upheld by the AAC and further supported in the appeal filed by the revenue. Ultimately, the Tribunal's decision was found to be in accordance with the law, and the revenue was directed to pay the costs of the reference.