2004 (5) TMI 279 - AT - Wealth-tax

Summary

Issues:
1. Violation of rules of natural justice by the AO in passing the order under s. 35 of the WT Act, 1957.
2. Validity of the order passed by the AO under s. 35 of the WT Act, 1957.
3. Dispute over the valuation of equity shares by the AO.

Issue 1: Violation of Rules of Natural Justice
The assessee contended that the order under s. 35 of the WT Act, 1957 was passed by the AO in violation of rules of natural justice. The CWT(A) noted that a show-cause notice was issued to the assessee, but there was no response, leading to the order being passed. The CWT(A) rejected the claim of violation of natural justice, and the ITAT agreed with this conclusion, upholding the decision of the CWT(A).

Issue 2: Validity of the Order under s. 35 of the WT Act, 1957
The assessee challenged the validity of the order passed by the AO under s. 35 of the WT Act, 1957, arguing that it was signed under a different designation. The ITAT examined the provisions of s. 42C of the WT Act, which states that no return or proceeding shall be invalid merely due to a mistake if it aligns with the intent of the Act. The ITAT concurred with the CWT(A)'s decision that the rectification order was valid despite the designation error, as it was in line with the Act's purpose.

Issue 3: Dispute Over Valuation of Equity Shares
The third issue revolved around the AO's valuation of equity shares at Rs. 209.33 per share, differing from the appellant's valuation at Rs. 194.85 per share. The CWT(A) upheld the AO's valuation, leading to the assessee's appeal. The ITAT analyzed the relevant provisions and explanations under the WT Act, emphasizing the importance of the balance sheet drawn up on the valuation date. Referring to a Supreme Court case, the ITAT concluded that the AO was justified in rectifying the valuation based on the correct balance sheet. Therefore, the ITAT rejected the appeal on this ground as well.

In conclusion, the ITAT dismissed the appeal of the assessee, upholding the orders of the CWT(A) regarding the issues of natural justice violation, validity of the order under s. 35, and the valuation of equity shares.