COMMISSIONER OF WEALTH TAX Vs. DHANSUKHLAL J GAJJAR

JUDGEMENT

(1.) BOTH the matters raise similar questions and have been argued together for a common disposal.

(2.) IN WT Ref. 43 of 1983, the Tribunal, Ahmedabad, has referred the following questions for the opinion of this Court under S. 27(1) of the WT Act, 1957 :

(3.) WT Ref. 43 of 1983, pertains to the asst. yrs. 1968 69 to 1973 74, while WT Ref. No. 58 of 1983 relates to the asst. year 1974 75. The WTO had passed orders on 20th March, 1979, for all assessment years from 1967 68 to 1973 74, as also for asst. year 1974 75. Demand notices were issued on 17th April, 1979. The computation sheets were prepared on 30th March, 1979, but it was found that they did not bear the signature of the WTO. The WTO had also made reference to the Valuation Cell under S. 16A of the Act in respect of the immovable properties including lands which were claimed by the assessee to be agricultural. The AAC held that the assessments made by the WTO were not time barred. It was further held that the reference made by the WTO under S. 16A was not valid in respect of the agricultural lands and a direction was given to the WTO to accept the values of immovable properties as returned with by the assessee.