MRUNALINIDEVI Vs. ASSISTANT COMMISSIONER OF WEALTH TAX

JUDGEMENT

(1.) THIS is a petition by an assessee filed under Article 226/ 227 of the Constitution of India seeking issuance of appropriate writ for quashing four notices dated March 23, 1987, (annexures-I, J, K and L), issued by the Assistant Commissioner of Wealth-tax, Indore (respondent No. 1), under Section 17 of the Wealth-tax Act, 1957 (for short, "the Act").

(2.) IT may be noted at the outset that the petitioner-assessee has in response to the said notices filed the returns for the said reassessment undertaken by respondent No. 1, under Section 17(1)(a) of the Act. During those reassessment proceedings an application was filed by the petitioner seeking disclosure of the reasons for which the reassessment was being undertaken by the assessing authority. In reply to the said application, the assessing authority issued a memo dated March 2, 1989 (annexure-R) stating that the reason being the assessment order for the year 1982-83 according to which it had come to notice that certain wealth with the assessee has escaped assessment for the years 1978-79 to 1981-82.

(3.) HAVING heard learned counsel for the parties and considered their pleadings and the documents filed therewith, I am satisfied that this petition should fail on the ground of non-exhaustion of the statutory remedy available to the petitioner. The petition is premature inasmuch as the petitioner has come before this court at the very threshold of the issuance of show-cause notice. It is amusing to note that the petitioner having filed the returns in reply to the impugned notices, has instead of waiting for the final result, rushed to this court under Article 226/227.