COMMISSIONER OF WEALTH TAX Vs. RAKESH KUMAR JAIRATH

JUDGEMENT

(1.) FOLLOWING question of law has been referred for the opinion of this Court by the Tribunal, Amritsar Bench, Amritsar, "Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that erroneous order passed during supplementary proceedings under s. 17 of the WT Act repeating the error committed while completing the original assessment could not be the subject -matter of revision under s. 25(2) of the WT Act, because of limitation being available from the date of original assessment order - the order of reassessment.

(2.) AGGRIEVED against the order in revision, the assessee went in appeal before the Tribunal. The Tribunal accepted the plea of the assessee that power of revision could not be exercised by taking limitation from the date of order of reassessment in a case where the mistake sought to be corrected existed in the original order itself.

(3.) SEC . 25 of the WT Act, 1957, as existed at the relevant time, is as under :