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TMI Blog2002 (12) TMI 64X X X X Extracts X X X X X X X X Extracts X X X X ..... ections of this court, the Income-tax Appellate Tribunal has stated a case and referred the following common question of law for our consideration: "Whether, on the facts and in the circumstances of these cases, the Appellate Tribunal is right in law in cancelling the assessments under section 17 of the Wealth-tax Act, as being made without jurisdiction The assessment years involved are 1985-86 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fficer to reopen the assessments and dismissed the appeals preferred by the assessee. The assessee carried the matter in further appeals before the Income-tax Appellate Tribunal. The Income-tax Appellate Tribunal, following its own order rendered in the case of another co-owner by name T.M. Ramaswamy, has recorded a finding of fact that the Assessing Officer had necessary information of the sale o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se and referred the questions of law set out earlier. We heard Mr. T. Ravi Kumar, learned junior standing counsel for the Revenue. The assessee has been served, but there is no representation on behalf of the assessee. We have also carefully perused the records. The Commissioner of Wealth-tax, Tamil Nadu V, Chennai is not able to inform the court whether the Department has accepted the order of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of any information, we hold that the Tribunal was correct in holding that the Wealth-tax Officer had no jurisdiction to reopen the assessment under section 17(1)(b) of the Wealth-tax Act. Counsel for the Revenue has not advanced any other argument. We find the finding of Appellate Tribunal is based on fact arrived at on analysis of materials on record and we do not find any justifiable reason to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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