DESH RAJ GUPTA Vs. COMMISSIONER OF WEALTH TAX

JUDGEMENT

(1.) FOR the asst. year 1967 -68, the petitioner -assessee seeks the following questions of law to be referred to this Court :

(2.) IT appears that the assessment was made in respect of the property at Ajmeri Gate, Delhi, in which the petitioner is a co -owner. Subsequently, a notice was issued under S. 17(1)(a) seeking to reopen the assessment. It was the case of the WTO that this property was previously in slum areas and subsequently it had been released from the slum areas and this fact had not been disclosed by the assessee. The WTO then passed the order of reassessment. Against this, an appeal was filed to the Asstt. CWT. The Asstt. CWT came to the conclusion that the reassessment ought not to have been ordered and even the Valuation Officer had accepted the value given by the assessee.

(3.) THE Tribunal did not dispose of the appeal on merits but by its order dt. 23rd Aug., 1984, had remanded the case to the Asstt. CWT. The Asstt. CWT, therefore, had to decide whether notice under S. 17(1)(a) was validly issued, keeping in view the fact that the property had been released by the Slum and Housing Department and, secondly, whether, on merits, the value of the property had been properly fixed. The Tribunal not having taken any decision on merits and the case having been remanded, we feel that the present petition is premature. The assessee had an opportunity of raising all contentions before the Asstt. CWT and, if the assessee succeeds, he can have no grievance. This petition is dismissed. No costs.