9911796707
TMI Blog1983 (7) TMI 115X X X X Extracts X X X X X X X X Extracts X X X X ..... 6(5) of the Wealth-tax Act, 1957 ('the Act') a best judgment assessment because the WTO thought that the assessee failed to comply with the terms of a notice issued. The Commissioner of Wealth-tax (Appeals) hearing the matter under section 23 of the Act found that no notice had been served on the assessee. So he set aside the assessment and directed fresh assessment to be made. The assessee challe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncome-tax Act, 1961 ('the 1961 Act') specifically empowers the ITO to proceed to make a fresh assessment. The absence of such a like provision in the Wealth-tax Act does not make any difference because a like provision to that effect, though not worded like section 146, is there in the Wealth-tax Act also. 3. One of the principal submissions of the assessee was that wealth-tax assessment for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order under section 25 is passed by the Commissioner. " So this sub-section extracted above provides for a fresh assessment in pursuance of an order setting aside or cancelling, passed by an appellate authority acting under section 23 of the Act and also provides for the time limit for making such a fresh assessment. So the time limit is not extended by the impugned appellate order as contended ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he thinks fit. That includes the power of directing a fresh assessment to be made in case he cancels or sets aside the assessment appealed against. So considering the fact that section 23 provides powers of such wide amplitude and section 17A(3) provides for time limit in respect of fresh assessment to be made in pursuance of an appellate order, we are of the view that the direction issued by the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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