JAIN V K Vs. WEALTH TAX OFFICER

JUDGEMENT

(1.) THIS writ petition is directed against a notice issued under section 16A(2) of the Wealth-tax Act by the Valuation Officer, Circle I, Income-tax Department, Kanpur, to the petitioner. The petitioner says that he has not been served with a copy of the order made by the Wealth-tax Officer under sub-section (1) of section 16A , and that all that he has been served with is the aforesaid notice from the Valuation Officer. The impugned notice proposes to determine the market value of the assets, mentioned therein as on March 31, 1969, to March 31, 1978, except March 31, 1973.

(2.) IN this writ petition, we are concerned with five assessment years, namely, 1969-70, 1974-75, 1975-76, 1977-78 and 1978-79. The valuation dates for all these five assessment years are clearly covered by the notice aforesaid. The ground on which the petitioner challenges the said notice is that (i) for the first three assessment proceedings were concluded long ago, (ii) with respect to the subsequent two assessment years, he did not file a return not were any proceedings taken either under section 14 , section 17 or any other provision of the Act. He, therefore, says that reference to the Valuation Officer under sub-section 16A(1) or the notice issued by the Valuation Officer under sub-section (2) of section 16A is totally without jurisdiction, the Wealth-tax Officer has issued a notice under section 17 of the Act assessment years concerned herein.