| Case ID |
2afa7639-6bec-4c36-8f57-618eceaf4ec0 |
| Body |
View case body. Login to View |
| Case Number |
MP No. 22 OF 1980 |
| Decision Date |
Sep 20, 1980 |
| Hearing Date |
|
| Decision |
The Madhya Pradesh High Court held that the reference made by the Wealth Tax Officer (WTO) to the Valuation Officer was invalid as the assessment for the year in question was not pending at the time the reference was made. The court emphasized that the WTO's jurisdiction to make such a reference is contingent upon the existence of pending assessment proceedings. Since the petitioner had not filed a return nor received a notice to file one at the time of the reference, the proceedings were deemed premature. Consequently, both the reference and subsequent proceedings before the Valuation Officer were quashed. The court allowed the WTO the liberty to make a fresh reference in accordance with the law for the assessment year 1975-76. |
| Summary |
In the case of Onkarji Kasturchand v. Wealth Tax Officer, the Madhya Pradesh High Court addressed the issue of the validity of a reference made by the Wealth Tax Officer to a Valuation Officer under Section 16A of the Wealth-tax Act, 1957. The petitioner, an HUF, filed a return for the assessment year 1975-76 after a reference was made by the WTO regarding the valuation of a cinema house owned by the petitioner. The court found that the reference was premature as no assessment proceedings were pending at the time the WTO acted. This decision highlights the importance of adhering to procedural requirements within tax law, ensuring that references to valuation officers are only made when assessments are actively pending. The ruling reinforces the principle that tax officials must follow due process, providing a framework for future cases where procedural irregularities may arise. This decision is significant for tax practitioners and entities involved in wealth tax assessments, illustrating the necessity for proper legal and procedural compliance in tax matters. |
| Court |
Madhya Pradesh High Court
|
| Entities Involved |
Not available
|
| Judges |
G.G. Sohani,
K.N. Shukla
|
| Lawyers |
M.S. Choudhary,
S.C. Bagadiya
|
| Petitioners |
Onkarji Kasturchand
|
| Respondents |
Wealth Tax Officer
|
| Citations |
1982 SLD 1041,
(1982) 135 ITR 188
|
| Other Citations |
Not available
|
| Laws Involved |
Wealth-tax Act, 1957
|
| Sections |
16A
|