9911796707
TMI Blog1988 (7) TMI 106X X X X Extracts X X X X X X X X Extracts X X X X ..... acts which are relevant for determination of this issue. 2. The assessee is a Hindu undivided family and from the following tabulated data the date of filing the original return, the late of assessment and the net wealth assessed can be seen placed in juxtaposition : -------------------------------------------------------------------------------- Sl. Year of Date of Net wealth Net wealth Date of No. assessment original returned assessed assessment return Rs. Rs. -------------------------------------------------------------------------------- 1. 1970-71 28-10-1970 21,31,751 96,45,650 31-3-1979 2. 1971-72 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... confirming the orders of the Commissioner of Wealth-tax (Appeals) setting aside the assessments for all the assessment years under appeal and discussed the appeals of the Revenue, vide order dated9-6-1982. The Wealth-tax Officer made the impugned assessment orders for all the years under appeals on25-3-1987. The figures of net wealth for each assessment year are same as in the original assessment made for these years. These assessments were challenged in appeal before the Commissioner of Wealth-tax (Appeals). 3. Before the Commissioner of Wealth-tax (Appeals) it was projected that the assessee had taken up a legal ground before the Wealth-tax Officer that the assessments were barred by time. The learned Commissioner observes that there wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the period of limitation which according to the learned Commissioner for the order of the Commissioner passed on 25-2-1981 ended on 31-3-1985 and for the order passed on 30-3-1981 ended on 31-3-1986. Since all the assessments were framed de novo only on25-3-1987, these were held as barred by limitation. These were cancelled, hence the appeals of the Revenue. 5. It was contended on behalf of the Revenue that the de novo assessments are made within the time prescribed under the statute in view of the position taken up by the Revenue before the learned Commissioner of Wealth-tax (Appeals) that the limitations is to be reckoned from the date of the order of the Tribunal and not from the date of the order of the Commissioner of Wealth-tax (App ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er the Act. Section 17A except for clause (iii) of Explanation 1 (which came into effect from1-4-1976) because effective from1-1-1976. This section provides time limit for competition of regular assessment under section 16 as contained in sub-section (1) of this section. Sub-section (2), ibid provides for limitation for an order of assessment or re-assessment under section 17 of this Act. It is sub-section (3) of section 17A that provides for limitation for order of fresh assessment in pursuance of an order passed on or after the first day of April, 1975 under section 23, section 24 or section 25 setting a side or cancelling an assessment. Fresh assessment as provided under this sub-section may be at any time before the expiry of 4 years fr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her. This becomes clear as section 17A (3) provides that fresh assessment in pursuance of an order setting aside or cancelling an assessment, may be made at any time before the expiry of four years from the end of the financial year in which the order under section 23 or section 24 is received by the Commissioner. We find that mentions of an order under section 23 or section 24 is indicative of the fact that limitations to be reckoned from the date of receipt of only such an order as can be said to be passed under any one of these sections, namely, an order setting aside or cancelling an assessment. 9. It may be noted that section 23 of the Act provides for an appeal to the Appellate Assistant Commissioner from orders of Wealth-tax Office ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... provided in section 17A (3) the Wealth-tax Officer could pass orders afresh for the assessment years 1970-71 to 1974-75 on or before 31st March, 1985 and for the assessment year 1975-76 on or before 31-3-1986 as the order of the Appellate Tribunal cannot be constructed as an order setting a side or cancelling the assessment. However, all the impugned order were made on25th March, 1987. These were, therefore, clearly beyond the period of limitations. These were rightly cancelled by the learned Commissioner of Wealth-tax (Appeals). As such, there is no justification made out by the Revenue for any interference in his impugned order. 11. The appeals of the Revenue are, therefore, dismissed. 12. Before we close, we would like to observe tha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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