SAROJ DEVI Vs. WEALTH TAX OFFICER

JUDGEMENT

(1.) IN all these writ petitions, common questions of law are involved and, therefore, they are being disposed of by a common order. They relate to matters of proceedings under Section 17 of the W.T. Act (hereinafter called "the Act "). The relevant years in all these cases are assessment years 1969-70 and 1970-71. The original assessments under the Act of all these petitioners-assessees were made on December 20, 1969, for the year 1969-70. For the year 1970-71, the assessment of Shri Jabarmal was made on February 27, 1971, and in the cases of other petitioners it was made on January 23, 1971.

(2.) EARLIER, the assessees had filed their returns for the year 1968-69 showing the net wealth including jewellery and gold and silver ornaments, the valuation of which was based on the certificate of M/s. Ramnik M. Javeri & Co. Bombay, approved valuer. This return was accepted by the WTO but exemption was not granted to the petitioners although they claimed that jewellery was exempt from wealth-tax under Section 5(1)(viii) of the Act at the relevant time.

(3.) FROM the above facts, it is apparently clear that, according to the Department, the proceedings against the petitioners are sought to be taken under Section 17(1)(a) and that too for the alleged non-disclosure of true and material facts. Therefore, the question for consideration before me is now very much limited.