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TMI Blog1991 (2) TMI 50X X X X Extracts X X X X X X X X Extracts X X X X ..... x Act for the assessee's failure to disclose all primary facts in some of the years and her disclosure of only part of the primary facts in other years ? (2) Whether the Tribunal was justified in law in quashing the assessment orders on the one hand and in directing the Wealth-tax Officer to estimate the value of properties in a particular manner on the other hand ?" Similarly, with respect to the assessment years 1968-69 and 1969-70, the following two questions have been referred : "(1) Whether, on the facts and in the circumstances of the case, was the Tribunal justified in quashing the assessment in respect of the mining lease rights on the view that the initiation of reassessment proceedings was based only in respect of the Katgha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Tribunal in further appeal. The Tribunal agreed with the assessee that the reopening of the assessment under section 17 was bad. The Tribunal opined that the assessee cannot be said to have failed to furnish full particulars of the said asset during the original assessment proceedings. Merely because during the subsequent assessment proceedings, the value was found to be higher, it is no ground for reopening the assessment, said the Tribunal. The Tribunal also went into the merits of the question, namely, the question of valuation and expressed its opinion. Thereupon, the Revenue applied for and obtained this reference. Under section 17(1)(a) of the Wealth-tax Act, an assessment can be reopened if the Wealth-tax Officer has reason to b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ue and column four is estimated capital value on valuation date. In other words, there is no column which required the assessee to give the particulars relating to extent of property or other particulars. The assessee described the property and gave her valuation. It was open to the Wealth-tax Officer to call upon the assessee to furnish particulars of such property but he did not do so during the original assessment proceedings. He quietly accepted the valuation submitted by the assessee. In the circumstances, it cannot be said that the assessee has omitted or failed to disclose truly and/or fully all material particulars necessary for assessing her wealth. In the circumstances, we must hold that the Tribunal was justified in holding that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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