COMMISSIONER OF INCOME-TAX Vs. DIGVIJAY SINGH

JUDGEMENT

(1.) THIS order shall govern disposal of this M.A. No. 296 of 1999 as well as Miscellaneous Appeals Nos. 297 of 1999, 298 of 1999, 300 of 2000, 301 of 1999, 302 of 1999 and 303 of 1999, which are filed under Section 27A of the Wealth -tax Act, 1957, for short, 'the WT Act', challenging orders passed by the Income -tax Appellate Tribunal, Agra Bench, Camp at Delhi, in W.T.A. Nos. 434 to 430/Delhi of 1994 by order dated November 30, 1998.

(2.) ALL these miscellaneous appeals were admitted by this Court on October 18, 2000, on the following three substantial questions of law: (a) Whether the impugned order stands vitiated in law on account of it being based on the decision in the case of Smt. Asha Digvijay Singh in W.T.A. Nos. 1253 to 1259/Delhi of 1988 of the Income -tax Appellate Tribunal, Delhi Bench 'A', stood set aside vide the decision in the case. MCC No. 73 of 191 (CWT v. Smt. Asha Digvijaya Singh : [1998]234ITR77(MP) decided on August 6, 1996, by this Court ? (b) Whether the Income -tax Appellate Tribunal has erred in law in holding that there was no underassessment in terms of Section 17 of the Wealth -tax Act requiring reopening of the assessment ? (c) Whether the finding of the Tribunal to the effect that net wealth as declared in the relevant assessment years varied and was not on the same figure is vitiated on account of error apparent on the face of the record ?

(3.) AFTER service of the notice for reassessment, order annexure A -1 was passed assessing the value of the assets at Rs. 3,67,000. This order was passed on March 30, 1990. This order was challenged by the assessee by filing an appeal. The appeal was allowed by the appellate authority against which the Department preferred appeals before the Tribunal and all these appeals were dismissed by a common order dated November 30, 1998. Hence, the present appeals have been filed.