Ajit K.Sengupta, J. - (1.) The judgment and order dated January 30, 1991, is recalled and the matter is heard afresh.
(2.) In this reference under Section 27(1) of the Wealth tax Act, 1957, for the assessment years 1972-73 to 1975-76, the following question of law has been referred to this court : " Whether, on the facts and in the circumstances of the case, should not have the Tribunal held that the fresh assessment made by the Wealth-tax Officer is ultra vires the Wealth-tax Act, 1957"
(3.) Shortly stated, the facts leading to this reference are that the original assessment was made by the Wealth-tax Officer in which he determined the value of the house property at 7, Harrington Street, at figures higher than those returned by the assessee for the four assessment years under appeal. In doing so, he took support from the report given by the Departmental Valuation Officer. The assessee preferred a petition under Section 25(1) of the Wealth-tax Act before the Commissioner of Wealth-tax and objected to the valuation made by the Wealth-tax Officer. The Commissioner of Wealth-tax, after considering the facts and circumstances of the case, deemed it proper to set aside the assessments and directed the Wealth-tax Officer to make fresh assessments after obtaining a fresh report from the Departmental Valuation Officer.;