CHANDRAVADAN A TAKTAWALA Vs. COMMISSIONER OF WEALTH TAX

JUDGEMENT

(1.) Both these petitions raise a common question in respect of the Wealth-tax Act. The parties have come before this court under article 226 of the Constitution for the purpose of quashing the notice issued by the Commissioner of Wealth-tax on January 21, 1989, and February 20, 1989, respectively. In and by the notice dated January 21, 1989, issued to the petitioner in Special Civil Application No. 1887 of 1989, the Commissioner has stated :

(2.) In and by the notice dated February 20, 1989, issued to the petitioner in Special Civil Application No. 1888 of 1989, the Commissioner has stated :

(3.) The return filed under the Amnesty Scheme on March 27, 1987, was accepted and an order under sec. 16(1) of the Wealth-tax Act was passed on March 27, 1987, and the net wealth was determined at Rs. 22,19,400. While finalising the above assessment, income-tax liability of Rs. 8,46,078 and wealth-tax liability of Rs. 1,15,233 for the assessment years 1978-79 to 1981-82 are allowed as per the claim made by you. However, the above liabilities are not allowable in view of the provisions of sec. 2(m)(iii) of the Wealth-tax Act as these are liabilities outstanding for more than 12 months on the valuation date for the assessment year 1982-83. To the above extent, I consider that the assessment order is erroneous in so far as it is prejudicial to the interests of the Revenue. I, therefore, propose to revise the order of the Wealth-tax Officer dated March 27, 1987, under sec. 25(2) of the Wealth-tax Act. " After stating so, the notice has requested the parties to appear either in person or through their authorised representative on March 8, 1989, at 3.30 p.m. and to show cause as to why such order or any other order as deemed fit be not passed. It is as against these notices issued under the Wealth-tax Act that the present special civil applications have been filed.