LAWS(CAL)-1991-11-16

SANKAR NARAYAN GOOPTU Vs. WEALTH TAX OFFICER

Decided On November 11, 1991
SANKAR NARAYAN GOOPTU Appellant
V/S
WEALTH-TAX OFFICER Respondents

JUDGEMENT

(1.) In this application, the assessee-writ petitioner challenges the notice appearing at page 66 of the writ petition which is addressed to the assessee by the Valuation Officer of the Valuation Cell regarding the assessee's wealth-tax return. This notice has been issued on a reference by the Wealth-tax Officer to the Valuation Officer regarding the valuation for the purposes of wealth-tax of the life-term interest of the assessee in the building No. 5, Middleton Street, Calcutta.

(2.) The reference by the Wealth-tax Officer to the Valuation Officer had been made under Section 16A(1)(a) of the Wealth-tax Act, 1957, as it stood at the relevant time. The said portion of the enactment is set out below:

(3.) The short history of valuation of this property for the purpose of wealth-tax assessment is this that in April, 1955, the assessee let out this property to the Geological Survey of India at the rate of Rs. 4,000 per month as monthly rent. That continued until August, 1981, by which time the assessee had already made unsuccessful rounds of eviction proceedings against the Geological Survey of India both in the first court and in the appellate court.