Kolkata Court November 1991 Judgments
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Sankar Narayan Gooptu Vs. Wealth-tax Officer and Others.
Court: Kolkata
Decided on: Nov-11-1991
Reported in: (1993)117CTR(Cal)342,[1993]205ITR628(Cal)
AJOY NATH RAY J. - In this application, the assessee-writ petitioner challenges the notice appearing at page 66 of the writ petition which is addressed to the assessee by the Valuation Officer of the Valuation Cell regarding the assessees wealth-tax return. This notice has been issued on a reference by the Wealth-tax Officer to the Valuation Officer regarding the valuation or the purposes of wealth-tax of the life-term interest of the assessee in the building No. 5, Middleton Street, Calcutta.The reference by the Wealth-tax Officer to the Valuation Officer had been made under section 16A(1)(a) of the Wealth-tax Act, 1957, as it stood at the relevant time. The said portion of the enactment set out below :'16A. Reference to Valuation Officer. - (1) For the purpose of making an assessment (including an assessment in respect of any assessment year commencing before the date of coming into force of this section) under this Act, the Wealth-tax Officer may refer the valuation of any asset to ...
income-tax Officer Vs. Miss Vasudha Bajoria
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Nov-07-1991
Reported in: (1992)40ITD414(Kol.)
1. These are three departmental appeals filed against the orders dated 28-6-1989 of D.C.(Appeals) deleting penalties levied by the ITO under Sections 271(1)0), 273And 271(1)(c) of the Income-tax Act, 1961.2. The DC (Appeals)deleted the penalties on the ground that the ITO has not brought in clear cut terms as to when and how a reasonable opportunity was given to the assessee to plead her case before him. It has also been observed by the DC (Appeals) in the impugned orders that if the contentions regarding filing of the application under Section 146 is correct and the ITO has not passed any order in that regard then the application would be deemed to have been accepted and the penalties imposed automatically become redundant.3. The ground in the appeal by the revenue is that the DC (Appeals) erred in holding that the assessee filed petition under Section 146 and thereby cancelled the penalties levied by the ITO. In order to decide the appeal it is necessary to cull out the facts of the...
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