JUDGEMENT
O.P. Jain, Judicial Member -
(1.)THESE appeals by the assessee pertain to the assessment years 1963-64 to 1976-77. Since common points are involved in all the appeals, they were heard together and we proceed to decide them by a single order.
(2.)The assessee owns five house properties at Hussainabad, Jaunpur. For the assessment years 1963-64 to 1976-77, the value of these properties was included in the net wealth of Raja Y.D. Dubey (HUF), husband of the present assessee. Raja Y.D. Dubey had disputed the inclusion of these properties in his assessment. The assessments for the said assessment years were set aside by the AAC, in his case, with the direction to the WTO to make enquiries about the ownership of the said properties and frame fresh assessments. While framing fresh assessments, it was held by the WTO that the properties in question belonged to Rani Dayawati Devi. Therefore, the value of these properties was excluded from the wealth of Raja Y.D. Dubey, and with a view to assess the said properties in the hands of Rani Dayawati Devi, action was taken Under Section 17(2) of the Wealth-tax Act, 1957 on the ground that the wealth of Rani Dayawati Devi escaped assessment inasmuch as no assessment had been made in her case for the assessment years in question.
In compliance to the notice issued Under Section 16(2) of the Wealth-tax Act, the assessee had submitted that the returns originally filed on 19th January, 1981 may be treated as returns filed in compliance to the notice Under Section 17 of the Act. Thereafter, the assessments were completed on 27th January, 1986.
(3.)THE assessee took up the matter in appeal before the AAC. THE validity of the action taken Under Section 17 was challenged and it was also contended that the re-assessments had been framed after expiry of the prescribed period of limitation. THE valuation adopted by the assessing officer was also disputed. However, the learned AAC upheld the valuation. He also held that the assessments had been completed with a view to give effect to the order of the AAC and, as such, the assessments are not barred by time. Dissatisfied, the assessee is in further appeals before the Tribunal.
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