Law: Wealth Tax Act, 1957

Section: 16A,14,23(I)(ha)

(a) Wealth tax--- ----Writ---Valuation of assets---Valuation report---Valuation report or valuation order merges in order of assessment---Appeal can be filed against valuation report made under S.16A---Appellate Authority can also hold that reference to Valuation Officer was not necessary ---Effective remedy is available against valuation report---Writ will not issue to quash valuation report---Indian Wealth Tax Act, 1957, S.16A---Constitution of India, Art.226. Section 16 of the Wealth Tax Act, 1957, deals with the procedure for making the assessment of wealth by the concerned officer under the Act. Section 16-A of the Act makes a provision for reference to a Valuation Officer by the Wealth Tax Officer. Section 23 of the Act clearly provides an appeal against an order passed by the Wealth Tax Officer under section 16A(5) of the Act and the appellate authority can very well set aside the valuation order or can cancel the valuation report on the ground that the same was not made in accordance with law, or it was arbitrary or without jurisdiction as the valuation report or the valuation order shall merge with the final order of assessment. The appellate 'authority also can hold that in the facts and circumstances of this case, it was not open to the Wealth Tax Officer to refer the valuation matter before the Valuation Officer. Therefore, all the questions that need to be considered against the valuation report or the valuation order can be dealt with by the appellate authority, Hence, before any order of assessment is passed on the basis of such valuation report or valuation order of the Valuation Officer under sub­section (5) of section 16A it would not be proper to entertain a writ application only in of the valuation report or the valuation order passed by the Valuation` Officer: Held, dismissing the writ petition, that on the face of it the valuation report or the valuation order was not void, arbitrary and without jurisdiction the question whether the valuation report was illegal or without jurisdiction could well be taken up by the appellate authority. The High Court while disposing of the, writ application directed the concerned Valuation Officer to afford…

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