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TMI Blog2009 (2) TMI 53X X X X Extracts X X X X X X X X Extracts X X X X ..... JUDGMENT F.I. REBELLO - In both the references the questions are identical. Wealth Tax Reference No.28 of 1998 pertains to Assessment year 1976-77, 1978-79, 1981-82 and 1982-83 and Wealth Tax Reference No.42 of 1998 refers to the assessment years 1979-80 and 1980-81. 2. The Tribunal has referred the following questions at the instance of the Revenue:- 1. Whether on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the IAC Asstt. Range -VII (A) had no jurisdiction over W.T. Cases of the assessee even though the case of the assessee was validly transferred to the IAC, Asstt. Range VII (A) by the CIT, Bombay City-VII, Bombay, by a notification u/s.127 of the I.T. Act, 1961? 2. Whet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under the Wealth Tax Act as the Wealth-tax cases were not transferred to him. IAC did not agree with the contention of the assessee and completed the assessment. In appeal, the CWT (A) agreed with the contention of the assessee and set aside the orders of the IAC. 3. On further appeal, the Tribunal held that if the CIT had transferred income-tax cases from the IAC, C-IV Ward to IAC by a notification, it did not automatically mean that the said notification covered the cases under the Wealth-tax Act as well. For wealth-tax purposes, a separate notification u/s.8AA of the Act was required. In coming to this conclusion, the Tribunal had followed its earlier order in which the Tribunal had relied on the decision of the Madras High Court i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion. For the purposes of this section the Income-tax Officer or the Income-tax Officers having jurisdiction in relation to a person who is not an assessee within the meaning of the Income-tax Act, shall be the Income-tax Officer or Income-tax Officers in respect of the area in which that person resides." A perusal, therefore, of this Section would clearly indicate that the Income-tax Officer exercising jurisdiction or power under the Income-tax Act will be the W.T.O., for the purpose of the Wealth-tax Act would be the Wealth Tax Officer. 5. Section 127 of the Income-tax Act confers powers on the Authorities specified therein to transfer cases from one Assessing Officer to another Assessing Officer. We may gainfully reproduce Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Notification under Section 127 the Wealth Tax Officer would not be vested with the jurisdiction in the absence of such Notification. In our opinion it would not be possible to agree with the view taken by the learned Bench of the Madras High Court. Section 8AA is specific purpose and independent of Section 127 of the Income Tax Act. On notification being issued under Section 127 the Officer in whom jurisdiction is conferred would act both as Assessing Officer under the Income Tax Act as also Wealth Tax Act. In the absence of Notification under Section 127 it is still open to the authorities exercising powers under Section 8AA of the Wealth Tax, to independently issue a notification. That does not mean that even after Notification u ..... X X X X Extracts X X X X X X X X Extracts X X X X
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