Law: Wealth Tax Act, 1957

Section: 17,23,24

Wealth tax----- Reassessment---Writ---Notice of reassessment---Notice not illegal per se---Writ petition against notice without availing of remedies under Wealth Tax Act---Not maintainable---Indian Wealth Tax Act, 1957, S.17--­Constitution of India, Art. 226. (b) Writ-------- ----Existence of alternate remedy---Writ will not normally issue--­Constitution of India, Art. 226. The jurisdiction of the High Court under Article 226 of the Constitution of India is couched in wide terms and the exercise thereof is not subject to any restrictions except the territorial restrictions which are expressly provided in the Articles. But the exercise of the jurisdiction is discretionary; it is not exercised merely because it is lawful to do so. The very amplitude of the jurisdictional demands that it will ordinarily be exercised subject to certain self-imposed limitations. Where it is open to the aggrieved petitioner to move another Tribunal, or even itself in another jurisdiction for obtaining redress in the mariner provided by a statute, the High Court normally will not by entertaining a petition under Article 226 of the Constitution permit the machinery created under the statute to be by­passed, and will leave the party applying to it to seek resort to the machinery so set up: Held, dismissing the writ petition, that although, in the instant case, the petitioner had severely attacked the validity of the show-cause notices, these notices could not be termed as illegal per se or without jurisdiction. The petitioner having already submitted returns should wait for the final outcome of those assessments. The Wealth Tax Act, 1957, provides a complete code for redressal of grievances of the assessee inasmuch as the orders passed by the Assessing Officer can be challenged in appeal firstly before the Deputy Commissioner of Wealth Tax (Appeals) and then before the Tribunal under sections 23 and 24 of the Act. There is also a provision for revision by the Commissioner of Wealth Tax and reference can also be made to the High Court on law points. Thansingh Nathmal v. Superintendent of Taxes (1964) 15 STC 468; AIR 1964 SC 1419 and State of U.P. v. Labh Chand AIR 1994 SC 754 rel.…

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