Law: Wealth Tax Act, 1957

Section: 5(1),25(2)

Law: Income Tax Act, 1922

Section: 33B(1),34

Law: Income Tax Act, 1961

Section: 263(1)

Wealth tax... ---Revision---Appeal to Appellate Tribunal---Scope of power of Commissioner Wealth Tax---Commissioner Wealth Tax need not issue notice under S.25(2)---Commissioner Wealth Tax failing to give adequate opportunity to assessee to be heard--Tribunal can remand matter to Commissioner Wealth Tax---Indian Wealth Tax Act, 1957, S.25(2)---Indian Income Tax Act, 1961, S.263. The main provision of section 25(2) of the Wealth Tax Act, 1957, is in pari materia with the main provision of section 263(1) of the Income Tax Act, 1961. No notice is required to be issued by the Commissioner before assuming jurisdiction to proceed under section 25(2). The question of giving an adequate opportunity to the assessee has no impact on the question of the jurisdiction of the Commissioner to' pass an order under section 25(2). The question of adequate opportunity will affect only the question of legality of the order of the Commissioner. In such a case, the Tribunal, undoubtedly, has jurisdiction to remand the matter to the Commissioner and to direct him to dispose of the proceedings under section 25(2) afresh, after giving due opportunity to the assessee. C.I.T. v. Electro House (1971) 82 ITR 824(SC); C.I.T. v. National Taj Traders (1980) 121 ITR 535(SC); C.I.T. v Prem Syndicate (1983) 141 ITR 290 (MP) and V. Raju v. C.I.T. (1984) 147 ITR 212 (Mad.) fol. C.I.T. v. Sumantbhai C. Munshaw (1981) 128 ITR 142 (Guj.) ref. JUDGMENT R. C. MANKAD, ACTG. CJ.---The Income-tax Appellate Tribunal ("the Tribunal" for short) has referred to us for our opinion the following questions: "(1) Whether on the facts and. in the circumstances of the case, the Tribunal was right in law in holding that the order of the Commissioner of Wealth Tax was not a nullity, though it was passed without notice to the assessee regarding valuation of immovable property `Lal Palace'? (2) Whether the Tribunal was right in law, after allowing the assessee's appeal, in restoring the matter to the file of the Commissioner to give notice to the assessee and pass fresh orders instead of quashing the Commissioner's order as being null and void, illegal and without jurisdiction?" This reference arises out of the…

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