LAWS(ALL)-1977-10-30

JUGGILAL KAMLAPAT BANKERS Vs. WEALTH TAX OFFICER

Decided On October 04, 1977
JUGGILAL KAMLAPAT BANKERS Appellant
V/S
WEALTH-TAX OFFICER, C-WARD Respondents

JUDGEMENT

(1.) IN this petition under Article 226 of the Constitution, the petitioners have challenged the reference made by the WTO to the Valuation Officers for valuing certain buildings belonging to petitioner-1 firm. The petitioners have also prayed for quashing the notices issued by the Valuation Officers to petitioner-2. The petitioners have also prayed for a writ in the nature of mandamus restraining the Valuation Officers from valuing those buildings.

(2.) MOST of the material facts are not in dispute and they are briefly as follows: Petitioner-1, Messrs. Juggilal Kamlapat Bankers, is a partnership-firm. Petitioner-2, Padampat Singhania, was one of the partners thereof in his capacity as the karta of a HUF. He had been assessed to wealth-tax in the status of HUF and the assets so assessed for tax included the interest of the family in petitioner-1 firm up to the assessment year 1966-67.

(3.) PETITIONER-2 addressed a letter to the WTO in which he contended that none pf the properties referred to the valuers belonged to him and hence such reference should be withdrawn. He also addressed letters to the Valuation Officers in which he contended that the references made to them by the WTO were invalid and requested them to return the references to the WTO. As the above contentions were not accepted by the respondents the petitioners have approached this court by way of this petition.