9911796707
TMI Blog1986 (1) TMI 156X X X X Extracts X X X X X X X X Extracts X X X X ..... udhiana on 5th Nov., 1974 on net wealth of Rs. 7,62,000. For the asst. yr. 1975-76, the net wealth was assessed at Rs. 7,20,100 the wealth assessed also included agricultural lands situated within the urban area. Addition a wealth-tax was levied by the WTO on urban lands (other than business premises) with reference to the agricultural lands. The additional wealth-tax levied for the asst. yrs. 1974-75 and 1975-76 was Rs. 13,100 and Rs. 14,685 respectively. No appeals were file by the assessee against the said orders of assessment including the levy of addition wealth-tax. 3. For the assessee. 1976-77 also the net wealth computed included the value of urban agricultural lands. Additional wealth-tax was also levied for this year. However, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d for the asst.yrs. 1974-75 andx 1975-76. He, therefore, withdrew the refund allowed for these years by orders passed under s. 35 This was challenged in appeal before the AAC who has upheld the orders of the WTO withdrawing the refund for both the years. 5. For the asst. yr. 1976-77, the Revenue had gone in reference before the Hon'ble Punjab and Haryana High Court. The Hon'ble High Court vide its order dt. 2nd Nov., 1979 in reference under s. 27(1) of the Act answered the question in favour of the assessee an against the Revenue. In other words the order of the Tribunal was upheld. The question therefore is whether on the face of order of the Hon'ble High Court on the same in the case of the assessee though for a different year viz. 1976 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ht assessee, in reply, contended that the debatability on the contrary was against the Revenue in as much as when the issue was debatable, the WTO could not have passed orders under s. 35 of the Act withdrawing the refunds already allowed. 7. We have given our careful consideration to the rival submissions. The issue is squarely covered in favour of the assessee by the decision of the Hon'ble Punjab and Haryana High Court in the case of Mohan Lal Kansal (1978) 114 ITR 583 (P&H). Their Lordships of the High Court have held that the IT authorities situated within the jurisdiction of a particular High Court were bound by its decisions and, therefore in that case it could not be said that the mistake was not apparent on record or that it requ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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