UMA DEBI JHAWAR Vs. WEALTH TAX OFFICER

JUDGEMENT

(1.) The petitioner purchased a plot of laud being premises No. 42B, Garcha Road, subsequently numbered and renamed as 51E, Gariahat Road (hereinafter referred to as the "said premises"). The area of the said premises has been stated to be 1 bigha, 19 cottahs, 11 chitaks and 3 sq. ft. Such purchase was made from one Smt. Latika Ghose of 80/5B, Lansdown Road, Calcutta. The petitioner has stated that in or about July, 1966, she started construction of a building on the said premises and such construction was completed in or about October, 1968, at a total cost of about Rs. 2,46,363.11. It has also been stated by the petitioner that she was all along and since the assessment year 1958-59, assessed under the provisions of the W.T. Act, 1957 (hereinafter referred to as the "said Act").

(2.) It has further been stated by the petitioner that in the course of assessment proceedings under the provisions of the I.T. Act, 1961, for the assessment year 1967-68, she furnished to the ITO concerned, who is also the WTO concerned, being respondent No. 1, the details of the cost of construction of the building, along with a valuation report dated 21st November, 1968, from M/s. J. Ganguli & Co., an approved valuer of this court. It has been stated that in the I.T. assessment for the assessment year 1969-70, the officer concerned assessed the petitioner on the difference between the cost of construction as mentioned hereinbefore and the valuation as made by the approved valuer. The difference as mentioned above was found to be Rs. 48,182 and, on appeal, such determination and the assessment as made, was set aside.

(3.) It would appear that for the assessment years 1962-63 to 1972-73, the petitioner filed before the appropriate officer, the said valuation report dated 21st November, 1968, and the officer concerned referred the matter of valuation of the property to the valuation cell of the I.T. dept. for the purpose of assessment of the petitioner. The Valuation Officer concerned, by his report dated 20th July, 1972, valued the said premises for the assessment years 1962-63 to 1966-67. The petitioner has given the particulars of valuation per cottah as per her valuer's report and that of the valuer of the department, for the assessment years 1962-63 to 1972-73. She has further stated that, thereafter, the respondent-officer, assessed for the assessment years 1962-63 to 1972-73, under Section 16(3) of the said Act. Section 16 of the said Act deals with assessment and Sub-section (3) thereunder lays down that the WTO, after hearing and considering such evidence as the person may produce and such other evidence as he may require on any specified points, and after taking into account all relevant material which the WTO has gathered, shall, by order in writing, assess the net wealth of the assessee and determine the amount of wealth-tax payable by him or the amount refundable to him on the basis of such assessment. It has further been stated that in the assessment, the officer concerned adopted the value of the said premises on the basis of the valuation as made by the valuer for the revenue and valued the building thereon, on the basis of the valuation of the petitioner.