| Case ID |
15761671-26dc-48b6-93e0-3b27713398a6 |
| Body |
View case body. Login to View |
| Case Number |
Civil Revisions Nos. 11643(W) to 11646(W) of 1975 |
| Decision Date |
May 12, 1983 |
| Hearing Date |
|
| Decision |
The court dismissed the petitioner's application challenging the reassessment notice issued by the Wealth Tax Officer. The petitioner contended that the notice was illegal and without jurisdiction, asserting that all relevant facts had been disclosed during the original assessment. The court found that there was sufficient information received by the Wealth Tax Officer to justify the reassessment. It held that the officer had bona fide reasons to believe that part of the net wealth had escaped assessment. The court reiterated that the reopening of assessments could be valid under the Wealth Tax Act if there were legitimate grounds to believe that the original assessment was flawed. The decision emphasized the importance of the integrity of the tax assessment process and the authority of the tax officers to reassess when warranted. As a result, the court upheld the authority of the Wealth Tax Officer to issue the notice and dismissed the application. |
| Summary |
In the case of Purushottam Das Bangur vs. Wealth Tax Officer, the Calcutta High Court addressed issues surrounding the reassessment of wealth tax under the Wealth Tax Act, 1957. The petitioner, representing a Hindu undivided family, challenged a notice issued by the Wealth Tax Officer claiming that a part of their net wealth had escaped assessment. The court examined the legality of the notice, considering whether the officer had reasonable grounds to initiate reassessment. The petitioner argued that all relevant information had been provided during the original assessment, and hence, the notice was unjustified. However, the court concluded that the Wealth Tax Officer had acted within his jurisdiction, supported by new information regarding the valuation of shares. The court highlighted the significance of maintaining the integrity of tax assessments and affirmed the validity of the reassessment process when credible evidence suggests that wealth has escaped taxation. This case underscores the balance between taxpayer rights and the responsibilities of tax authorities in ensuring compliance with tax laws. |
| Court |
Calcutta High Court
|
| Entities Involved |
Hindu undivided family known as Purushottamdas Bangur H.U.F.
|
| Judges |
DIPAK KUMAR SEN, J
|
| Lawyers |
|
| Petitioners |
PURSUHOTTAM DAS BANGUR
|
| Respondents |
others,
WEALTH TAX OFFICER
|
| Citations |
2002 SLD 1588,
2002 PTD 290
|
| Other Citations |
Tax L R 982 (Cal.),
(1980) 126 I T R 580,
(1980) 122 I T R 458 (Bom.),
Gobindlal Bangur v. Wealth Tax Officer reported in 123 1 T R 216 (1980) Tax L R NOC 27 (Cal.),
Purushottamdas Bangur v. Income-tax Officer reported in (1980) 126 I T R 580 (Raj)
|
| Laws Involved |
Wealth Tax Act, 1957
|
| Sections |
17,
5(i)(viii)
|