LAWS(KAR)-2017-4-145

KAMAKSHI DEVI AVARU Vs. WEALTH TAX OFFICER

Decided On April 03, 2017
Kamakshi Devi Avaru Appellant
V/S
WEALTH TAX OFFICER Respondents

JUDGEMENT

(1.) These appeals are presented under Section 27-A of the Wealth-Tax Act, 1957 ('the Act' for short). The sole contention urged by Learned Counsel for the appellant is that the assessment orders dated 31.03.2006 relating to the assessment years 1979-80 to 1983-84 are unsustainable in law as they were passed after expiry of the period of limitation provided under Section 17-A of the Act, and hence, they are liable to be set-aside, and consequently, the orders of the First Appellate Authority dated 28.01.2013 and that of the Income Tax Appellate Tribunal dated 20.01.2016 are also liable to be set-aside.

(2.) It is not in dispute that the aforesaid assessment orders were passed pursuant to the order of this Court dated 15.07.2004 passed in Wealth Tax Appeal Nos. 5 to 10 of 1999. It is relevant to refer to the following direction given by this Court in the said appeals:

(3.) The aforesaid assessment orders were passed to give effect to the order of this Court extracted above. This is done as per the mandate under sub-Section (7) of Section 27-A of the Act, which reads as follows: