9911796707
TMI Blog1981 (8) TMI 137X X X X Extracts X X X X X X X X Extracts X X X X ..... e why the net wealth of the son also should not be assessed in the assessee s own hands as her wealth in the view that all the assets left by the deceased vested in the assessee, the only Class I heir, on the date of death itself. On 20th July, 1967, the assessee replied to that letter claiming that the assessee should be considered to be an administrator of the estate of the son until the estate duty proceeding were concluded and that as long as such administration was carried on, separate assessments were required to be made. Thereafter, an assessment was made on 11th June, 1969 in respect of the net wealth of the deceased son. Subsequent, on 9th Jan., 1975, the WTO issued a notice u/s 17 and after overruling the objection of the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1st Mar., 1971 and since it was actually made only on 31st Mar., 1975 it was hopelessly barred by limitation. reliance was placed on the decision in the case of Ganga Saran Sons (P) Ltd. and Ors. (1981) 22 CTR (SC) 112 : (1981) 130 ITR (SC), Gemini Leather Stores vs. ITO (1975 CTR (SC) 127 : (1975) 100 ITR 1 (SC), Dwijendra Chandra Chowdhary vs. CIT (1966) 61 ITR 97 (Assam Nagaland) and ITO vs. A.Y. Panduranga Rao and Ors. (1981) 22 CTR (Kar) 85 : (1981) 128 ITR 250 (Kar). On the other hand, the reply of the revenue to this objection of the assessee is that apart form its not having been taken before (which cannot be a valid objection to a question of jurisdiction and limitation which goes of the root of the matter) the assessee could n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... revenue is that he correspondence was not between the WTO and the assessee and, therefore, it could be ignored by the WTO. We are unable to agree with his contention because the WTO himself has been defined in the WT Act in s. 2(s) as the ITO authorised to perform the functions of a WTO and as far as the assessee is concerned, no distinction can be made between the ITO and the WTO especially, when the same Officer is processing both the IT and WT proceedings of the assessee and had written a letter raising the issue in respect of both IT and WT proceedings in the same letter. Since we find that there was no failure on the part of the assessee to disclose any material fact then the only plea of the revenue that survives is that a reassessme ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
