| Case ID |
5e7766e7-da10-42a1-a275-f7fc67cdbf73 |
| Body |
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| Case Number |
SPECIAL CIVIL APPLICATION No. 3281 OF 1984 |
| Decision Date |
Sep 12, 1984 |
| Hearing Date |
|
| Decision |
The court dismissed the writ petition filed by Kirit P. Budhbhatti, who sought to be registered as a valuer under the Wealth-tax Act, 1957. The petitioner, despite being qualified in electrical engineering, did not possess the required qualifications in civil engineering as stipulated by the relevant rules. The court found that his membership in the Institution of Civil Engineering was not granted through examination but rather through a request, which did not satisfy the requirements for registration as a valuer. Consequently, the court ruled that he was not qualified under the existing laws and regulations, thus denying his petition. |
| Summary |
This case revolves around the qualifications required to be appointed as a valuer under the Wealth-tax Act, 1957. Kirit P. Budhbhatti, a qualified electrical engineer, attempted to gain registration as a valuer despite lacking a formal qualification in civil engineering. The court examined the qualifications prescribed under Section 34AB of the Wealth-tax Act and Rule 8A of the Wealth-tax Rules. It clarified that mere membership in a recognized institution does not equate to possessing the requisite qualifications unless such membership is obtained through passing the necessary examinations. The ruling underscores the importance of adhering to statutory qualifications for professional roles, particularly in fields involving financial assessments and property evaluations. The case highlights the stringent requirements for becoming a valuer, ensuring that only qualified individuals can undertake such responsibilities. This decision reinforces the legal framework governing the qualifications for valuers, emphasizing the need for compliance with established rules and regulations in the financial sector. |
| Court |
Gujarat High Court
|
| Entities Involved |
Central Board of Direct Taxes
|
| Judges |
P.S. Poti, C.J.,
R.C. Mankad, J.
|
| Lawyers |
A.V. Mody,
Vasawada,
R.P. Bhatt,
S.B. Vakil
|
| Petitioners |
Kirit P. Budhbhatti
|
| Respondents |
Central Board of Direct Taxes
|
| Citations |
1986 SLD 1408,
(1986) 158 ITR 430
|
| Other Citations |
Not available
|
| Laws Involved |
Wealth-tax Act, 1957,
Wealth-tax Rules, 1957
|
| Sections |
34AB,
8A
|