COMMISSIONER OF WEALTH TAX Vs. JAWAHAR LAL MEHRA

JUDGEMENT

(1.) BY this reference under section 27(1) of the Wealth-tax Act, 1957 ("Act") (erroneously numbered as Income-tax Reference), the Income-tax Appellate Tribunal, Amritsar Bench, Amritsar ("Tribunal") has referred the following three questions of law to this Court for opinion at the instance of the revenue :

(2.) NONE appears for the assessee. Mr. Anil Bhan, learned counsel, appears for the revenue.

(3.) IN the instant case, there is no dispute about the fact that the tax payable had been duly determined in a separate sheet of paper, namely, assessment order form, which was prepared and signed by the Wealth-tax Officer simultaneously with the assessment order and sent to the assessee along with the assessment order and the demand notice. That being so, the ratio of the decision of the Supreme Court in Kalyankumar Ray v. CIT (supra) and of this Court in CIT v. Alkeensons Agencies (supra) is fully applicable. The assessment order is a valid and legal order. There is no infirmity in the same. The decision of this Court in S.Mubarak Shah Naqashbandi v .CIT (1977) 110 ITR 217 has no application to the facts and circumstances of this case. The Tribunal was not justified in applying the ratio of the above decision of this Court and holding that the assessment in question was non est in the eye of law. Question No.2 is, therefore, answered in the negative, that is, in favour of the revenue and against the assessee.