1990 (7) TMI 148 - AT - Income Tax

Summary

Issues:
Jurisdiction of Commissioner under s. 25(2) of WT Act, 1957 for levying additional wealth tax.

Analysis:
The appeal in question was against the Commissioner's order under s. 25(2) of the Wealth Tax Act, 1957, directing the Wealth Tax Officer to levy additional wealth tax on lands owned by the appellant within a specified distance from municipal limits. The appellant raised concerns about the jurisdiction of the Commissioner in passing this order. The appellant argued that the Commissioner had overlooked an earlier order by a predecessor, which had been set aside by the Tribunal, and had not addressed the original issues of land valuation and exemption under s. 5(1)(iva) in the current order. The appellant contended that the Commissioner had exceeded the scope of the original proceedings by levying additional wealth tax, which was not part of the initial issues. The appellant highlighted that the Commissioner did not seek any explanation from the assessee regarding the additional wealth tax in the original or subsequent proceedings. The Departmental Representative supported the Commissioner's order, asserting that the jurisdiction under s. 25(2) was validly exercised.

Upon evaluating the submissions and reviewing the Commissioner's orders and the Tribunal's decision, it was observed that the Commissioner had indeed strayed beyond the directions set by the predecessor's order that was subsequently set aside by the Tribunal. The original order had directed the Wealth Tax Officer to determine the property's value and nature, without any mention of additional wealth tax. Despite a brief reference in a show-cause notice, the issue of additional wealth tax was not pursued further in subsequent communications or orders. Consequently, the Tribunal found that the Commissioner's order to levy additional wealth tax was beyond the scope of the original proceedings and the subsequent Tribunal decision. As a result, the Commissioner's order was deemed invalid and quashed, leading to the allowance of the appeal in favor of the appellant.