RANI RAJENDRA KUMARI BA Vs. WEALTH TAX OFFICER

JUDGEMENT

(1.) THE WTO issued notices under Section 17 of the W.T. Act, 1957, for the assessment years 1966-67, 1967-68, 1968-69 and 1969-70. THEse notices were served on the petitioner on 28th March, 1977. THE petitioner has challenged these notices, principally on the ground that they are barred by limitation.

(2.) FOR each of these years, the petitioner had filed returns under the W.T. Act. In due course, the WTO had passed assessment orders on these returns. Being of the opinion that the petitioner's house at 22, Katghar Road, Allahabad, was under-assessed, the WTO issued notices for these four assessment years as well as for the assessment year 1965-66 under Section 17 of the W.T. Act on 24th September, 1973. The petitioner contested these notices, but overruling the objections, the WTO, on 22nd January, 1975, passed five separate assessment orders in respect of each of the five years.

(3.) THE Tribunal held that the assessee had disclosed fully and truly all material facts necessary for assessment in respect of the property at 22, Katghar Road, Allahabad, as well as its value. THE notices under Section 17(1) were based upon a mere change of opinion, and on change of opinion reassessment proceedings cannot be held to be valid. THE Tribunal further held that since the WTO did not possess jurisdiction to initiate reassessment proceedings, he could not make any reassessment in regard to the valuation of mining lease rights. On these findings, the assessments made under Section 17 were held liable to be quashed.