9911796707
TMI Blog1971 (4) TMI 14X X X X Extracts X X X X X X X X Extracts X X X X ..... ated:- 23-4-1971 - Judge(s) : R. S. PATHAK., H. N. SETH. JUDGMENT The judgment of the court was delivered b H. N. SETH J.-At the instance of the revenue the Appellate Tribunal has referred the following question for the opinion of this court, under section 27(1) of the Wealth-tax Act, 1957, " Whether, on the facts and in the circumstances of the case, the Tribunal was competent to recal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts order dated April 27, 1961, and recalled it. Thereafter, the Tribunal valued the properties and disposed of the appeals. The revenue then moved an application under section 27(1) of the Wealth-tax Act and got the aforesaid question of law referred to this court for opinion. The contention on behalf of the Commissioner of Wealth-tax is that, under the Wealth-tax Act, there was no power in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to a third valuer nominated by agreement, or, failing agreement, by the Appellate Tribunal, and the decision of that valuer on the question of valuation shall be final. " It will be seen that, according to this section, once it is decided to refer the dispute to valuers, one of them is to be appointed by the assessee and the other by the department. There is no provision in the Act to indicate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ter was one which instead of being decided by it should more properly be referred to the valuers. However, the order referring a dispute to the valuer does not decide any issue between the parties and as such it cannot partake of the nature of a final decision about the rights of the parties and the principle that a judicial or quasi-judicial authority cannot review its decision unless the statute ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
