LAXMI DEVI JAIN Vs. WEALTH TAX OFFICER

JUDGEMENT

(1.) VALIDITY of reference to the Valuation Officer under sub-section (1) of section 16A of the Wealth-tax Act is challenged in this case. The assessment years concerned herein are 1969-70, 1975-76, 1977-78 and 1978-79. The writ petition was occasioned by a notice issued by the Valuation Officer on June 16, 1980, stating the valuation of the property known as "Agarwal Building" situated on plots Nos. 4, 5, 6 and Survey No. 419/1, The Mall, Kanpur, has been referred to him by the Wealth-tax Officer under section 16A(1) of the Act determining the fair market value of the assets as on March 31, 1969, to March 31, 1978, except March 31, 1973. The petitioners case is that, on the said date, no reassessment proceedings were pending with respect to any of the four assessment years. It is submitted that she had filed returns for the first two assessment years and that assessment proceedings were completed period to June, 10, 1980, the date on which reference to the Valuation Officer was made under section 16A(1). It is further submitted that, with respect to other two assessment years, no returns were filed by the assessee and no proceedings for assessment or reassessment were also pending on the relevant date, viz., June 10, 1980. It is submitted that reference can be made under section 16A(1) only where a proceeding for assessment or reassessment is pending and not in a case where no such proceedings are pending. An identical contention has been upheld by us in Civil Miscellaneous Writ Petition No. 622 of 1980, V. K. Jain v. WTO, 1992 193 ITR 89 decided on February 6, 1991. Following the said judgment, we allow this writ petition as well. We may state that the basic facts stated above are not disputed in the counter-affidavit.

(2.) THE writ petition is allowed. No costs.