PRABHA RAJYA LAKSHMI Vs. WEALTH TAX OFFICER

JUDGEMENT

(1.) THIS is a petition under Article 226/227 of the Constitution of India challenging the jurisdiction of the WTO in issuing notices (annexs. H, H-1 and H-2 of the petition) under Section 17 of the W.T. Act for reopening assessments in respect of the assessee's net wealth for the assessment years 1972-73, 1973-74 and 1974-75.

(2.) PETITIONER is a wealth-tax assessee. Among other assets she held agricultural land admeasuring 205 bighas. For the assessment year 1970-71 she had declared the value of the lands at Rs. 36,000. This value had been returned on the basis of the valuation report of an approved valuer. The WTO accepted this value for the assessment year 1970-71 and 1971-72.

(3.) PETITIONER has alleged that the WTO had no jurisdiction to reopen the assessments because all the primary facts with regard to valuation of the agricultural land in question had been placed before him and the same were accepted by him without demur. There was no omission or failure on the part of the assessee to disclose fully and truly all material facts necessary for assessment and, therefore, the action of the WTO in reopening the assessments was void and without jurisdiction.