9911796707
TMI Blog1984 (12) TMI 123X X X X Extracts X X X X X X X X Extracts X X X X ..... ssed his order on 24th Jan., 1983 valuing the estate of the deceased at Rs. 2,44,000. The deceased in this case is one Shri S. K. Malvia and he died on 20th June, 1980. By the time of his death, he was stated to be more than 70 in age. He was not an income-tax assessee prior to his death and he was an old man suffering from many diseases and getting only a merger pension of Rs. 100 p.m. The only asset he had got is the house at 257, Sardar Patel Marg, Jaipur. On 5th Jan., 1983, a letter was filed before the Asstt. CED inter alia, stating that the assessee borrowed loans, his creditors as well as the amount of loans borrowed from them are given as under: (1) Rs. 50,000 Smt. Sheela Sethi W/o Shri S. K. Sethi, Jaipur (2) Rs. 5,000 Shri S. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... produced fresh evidence regarding these debts and, therefore, the matter is restored to the Asst. Controller with the direction that he would examine the claim of the appellant in the light of the assessment record of Smt. Sheela Sethi. It is also observed at no evidence has been produced regarding the liabilities claimed which are due to S. K. Malvia and Mrs. Malvia. The Appellate Controller admitted that Mr. Kalia was able to file before him copies of balance-sheet in the case of Smt. Sheela Sethi for the year ending 31st Dec., 1967 to 31st Dec., 1980. Mr. Kalia submitted that the appreciation of evidence on record by the ld. Appellate Controller was perfunctory. He did not care to see the very material which he had produced before the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eding the date of his death, the value as taken by the WTO for the purpose of such assessment; and (b) in any other case, the value of such house or part: (i) on the said valuation date; or (ii) where such house or part was constructed, acquired or otherwise became the property of the deceased after the said valuation date, on the date of his death; as determined by the Controller in accordance with the provisions of the WT Act and the rules made thereafter; and, for this purpose, in a case where the provisions of sub-s. (4) of s. 7 of that Act apply, the provisions of that sub-section shall have effect as if the words "throughout the period of twelve months immediately preceding the valuation date", occurring therein, had been omitt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ambiguity left as to the date when the said provision should be considered to be retrospective in operation. Such date was given as 1st March, 1981 and so, the provisions of s. 36(3) cannot be applied to matters which are prior to 1st March, 1981 inasmuch as in this case the deceased died on 20th June, 1980 the provisions of s. 36(3) cannot be applied to him. 7. We have to decide which of the view canvassed before us is correct. The ld. counsel for the accountable person Mr. Kalia cited before us two decisions, one reported as K. E. Chacko vs. Provident Investment Co. AIR 1979 SC 2610 where in the headnote, the law regarding the retrospective operation of a statute dealing with procedure is held to be as follows: "If the legislature fo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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