BOMBAY Vs. SONA PROPERTIES PVT LTD

JUDGEMENT

(1.) ALL these appeals are being disposed of by this common order as the questions of law in issue are the same. The question of law as framed on behalf of Revenue reads as under :

(2.) W. T. A. No. 188 of 2004 is in respect of the assessment year 1988-89. In that case return of Wealth was filed on 29. 7. 1988. The assessment under Section 16 (1) was made on 27. 3. 1992. The reference was made to district Valuation Officer (DVO) on 9. 11. 1993. The valuation report was received on 29. 3. 1994. The notice under Section 17 for reopening the assessment was issued on 29. 3. 1996. The Reference to DVO, thus was made after the completion of assessment. W. T. A. No. 174 of 2004 is for the assessment year 1989-90. The original assessment under Section 16 (1) was made on 27. 3. 1992. The reference to DVO was made on 9. 4. 1993. The report from the DVO was received on 29. 3. 1994. Notice under Section 17 was issued on 29. 3. 1996. The reopening was thus sought based on the report of D. V. O. which was called for after the assessment order was passed.

(3.) W. T. A. No. 195 of 2004 is in respect of the assessment year 1990-91. The original return was filed on 28. 12. 1990. It was processed under Section 16 (1) (a ). On 21. 5. 1991 the appellant filed a revised return declaring net wealth. On 25. 3. 1993 the appellant filed another revised return. The assessment was completed under section 16 (3) on 31. 3. 1994. The report from the dvo was called on 9. 1. 1993. The report was received on 19. 12. 1994. Therefore, the report was called for during the pendency of the proceedings before the Wealth Tax officer but the report was received after the order under section 16 (3) was made on 31. 3. 1994. Notice under section 17 was issued on 29. 3. 1996.