9911796707
TMI Blog1980 (6) TMI 65X X X X Extracts X X X X X X X X Extracts X X X X ..... operty. The assessee also filed returns of her wealth for the asst. yr. 1966-67 to 1971-72. No return for the asst. yr. 1972-73, 1973-74 and 1974-75 was filed. 4. In all the returns, immovable properties similar to that as were shown and declared by the assessee in her return of wealth for the asst. yrs. 1965-66 and 1966-67 were declared as assets but the returns filed by the assessee for the asst. yrs. 1970-71 and 1971-72 were revised later on and another asset i.e., agricultural land since valued by the assessee at Rs. 64,100 was declared. 5. Notices under s. 17 of the WT Act remained uncompelled with, despite valid service, for the asst. yrs. 1972-73, 1973-74 and 1974-75. 6. The WTO has passed a speaking order for the asst. yr. 1965-66 only and the order for the remaining assessment years were based on the observations, findings and conclusions arrived at in the order for the asst. yr. 1965-66. 7. Assessment were framed for the asst. yrs. 1965-66 to 1971-72 under s. 16(3) of the Act, while for the asst. yrs. 1972-73 to 1974-75 were framed under s. 16(5) r/w s. 17 of the Act. 8. For the asst. yr. 1965-66 the assessee declared her wealth at Rs. 90,000, but was assessed a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... td., while for the asst. yr. 1974-75 immovable property was assessed at Rs. 1,30,000 assets in lieu of advance for shares in North Eastern Hotel (P) Ltd. At Rs. 2,10,000 and the investment in construction of hotel as above at Td. 1,09,000. Movables were assessed at Rs. 5,000. 12. Dwelling house was declared to be exempt since the value was thought to be less than Rs. 1,00,000 (precisely it was valued at Rs. 50,000 for the asst. yr. 1970-71). This exemption was granted to the assessee for all the assessment years under appeal. 13. Further exemption was granted in lieu of agricultural land which was declared by the assessee at Rs. 64,100, but valued by the Revenue at Rs. 96,000, for the asst. yrs. 1970-71 to 1974-75. 14. With these material and admitted facts as a back-ground the assessee having felt aggrieved, appeals were preferred and on behalf of the assessee it was contended before the AAC of WT, Gauhati Range, Gauhati as under: (i) That there was no surplus land after sale of 6 kathas of land since the entire property was comprised of 6 kathas and not 6 kathas and 10 1/2 lachas, as such the WTO should have separately given exemption under s. 5(1)(iv) of the Act out of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in second appeal, as such we are seized of the matter. 17. Before us Shri H.Khaund, F.C.A. the authorised representative of the assessee has contended on the same lines as was contended on behalf of the assessee before the AAC. He has supplemented his contentions by arguing that the WTO has had no basis much less any material or evidence with him to take the wealth of the assessee at the figures he has taken for the relevant assessment years and, accordingly, these merit to be quashed He further contended that the AAC has not only misconceived the facts but has based his order on conjectures and surmises which should not stand to reason. 18. On his part, Shri R.C. Joshi, the ld. Deptl. Rep. has contended that the assessee in this case has never co-operated and her attitude was all along non cooperative in the mater of furnishing of details as to the assets, hence the assessments made by the WTO and sustained by the AAC merit to be upheld. Shri Joshi further pointedly brought to our notice the findings of the WTO as are found out in the assessment order for the asst. yr. 1965-66 as to the WTO having requested the assessee vide letter dt. 5th Oct., 1978 to furnish the details abo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the valuation of the said property and has taken the valuation figure, high, higher and still higher from year to year, taking it as appreciation in the value of the property. 23. As regards the land at Satgaon, the WTO has treated it as an urban asset and not as an agricultural land though proper enquiries could have been made from the Revenue authorities and natural justice demanded it. The AAC has justified the action of the WTO with the reasoning that proper supporting evidence as to the land being agricultural land was not produced by the assessee. 24. As regards movables, the assessment order for the asst. yr. 1965-66 speaks of the Bank account, but for reasons best known to the WTO, the closing balance for 31st March, 1965 and 31st March, 1969 have been mentioned, whereas the movables have been assessed as an assets right from the asst. yrs. 1965-66 to 1974-75, though the figures are variated. 25. The reading of the assessment order for the asst. yr. 1965-66 reveals that the order is more in the nature of best judgment than that of regular assessment and a speaking order for the asst. yr. 1965-66 has only been passed, while assessment orders for all the remaining ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... les has also been taken on estimate and without any basis, material or evidence on record, whereas the claim of the assessee as to her land at Satgaon being agricultural has been brushed aside with no reasons much less any cogent evidence, though proper enquiries could have been made from the Revenue authorities. The Bank accounts and the balances thereof which were in the knowledge of the WTO as a specific information could have been assessed as movable assets at the exact value, but these have been taken on estimate without any basis rhyme or reason. 30. The grievance of the assessee lies on the above scores and also on the score that the actual land which the assessee sold was 6 kathas and 101/2 lechas and, accordingly, with the sale of the land she was not possessed of any land or dwelling house, and, exemption under s. 5(1)(iv) of the Act was available to her from the immovable properties assessed as assets. This fact could have been got verified by the WTO through local enquiries, but he has not done so, which seemingly has resulted in gross miscarriage of justice. 31. All the above facts speak of the infirmities attached to the assessments framed in the case of the asses ..... X X X X Extracts X X X X X X X X Extracts X X X X
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