Law:

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Section 16A of the Wealth-tax Act, 1957 - Valuation Officer - Reference to - Assessment years 1972-73 to 1975-76 - Whether reference to Valuation Officer under section 16A after relevant assessments had been completed was invalid - Held, yes FACTS The WTO made a reference to the District Valuation Officer under section 16A for determination of the value of the property of the assessee after the relevant assessments had been completed. On writ: HELD The Bombay High Court in Smt. Bella Cajeton Travasso v. WTO [1987] 166 ITR 49 has held that a reading of the provisions of section 16A makes it clear that before the assessment is finalised, if the WTO is of the opinion, having regard to the nature of the assets and other relevant circumstances, that it is necessary to refer the question of valuation of any assets to the Valuation Officer, then it is permissible for him to do so. Admittedly, reference in this case was made to the valuer under section 16A after the assessments had been completed. Therefore, the reference to the valuer under section 16A was invalid. CASE REFERRED TO Smt. Bella Cajeton Travasso v. WTO [1987] 166 ITR 49 (Bom.). Dilip Dwarkadas for the Petitioner. Dr. V. Balsubramanian for the Respondent. JUDGMENT 1. The challenge in this petition is to the reference to the District Valuation Officer by the WTO, C.I Ward, Bombay under section 16A of the Wealth-tax Act, 1957 ('the Act') for determination of the value of the property in dispute. The reference was made on 6-1-1981. Notices under section 16A and under section 16A(4) have been issued by the Valuation Officer on 21-1-1981 and 20-2-1981. The proceedings relate to the assessment years 1972-73 to 1980-81. It is common ground that at the time the WTO referred the case to the District Valuation Officer, under section 16A, the assessments for the assessment years 1972-73 to 1975-76 had already been completed. The first question is whether reference made by the WTO under section 16A to a District Valuation Officer for valuation of the…

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