Law: Wealth Tax Act, (XV of 1963)

Section: 16(4),16(3),16(5)

Wealth Tax Act (XV of 1963)----S. 16(5)---Assessment Order---Assessment Order was passed without mentioning the name of circle, designation of officer passing the Order and also without issuance of notices under Ss. 16(4) and 16(3) of the Wealth Tax Act, 1963---Validity---Assessment order was not on a prescribed format and Assessing Officer had failed to mention the factor while necessitated him not to pass order on the prescribed format--­Assessing Officer had passed an order by only mentioning as "under S.16(5)" on the right side of the upper portion without stating the factors which compelled him for passing such ex parte order and' also there was no mention of the issuance of any statutory notice prior to the framing of assessment---Hand written order was even silent as to the closing para. of the order specifying the framing of assessment, issuance of copy of order with notice of demand---Assessment order had not given the circle of assessment---Appellate Tribunal vacated the order passed by the First Appellate Authority and cancelled the tax demand as there was no legally passed assessment order against the appellant/assessee in the circumstances. 1989 PTD 1302; 1989 PTD 1305; 1987 PTD (Trib.) 129 and 2003 PTD (Trib.) 2749 ref. (b) Wealth Tax Act (XV of 1963)--- ----S. 16---Assessment order---Essential ingredients of assessment order---Assessment order has to be on a format as specified by the department itself, thus ensuring the presence of ingredients so set out; order should expressly mention the section under which it has been passed and not merely marking "section 16(5) (3);" issuance with the service of such statutory notices should be stated the reasons for assumption of jurisdiction by the Assessing Officer in a clear and categorical manner; factors necessitating for resorting to ex parte order under section 16(5)(3); concluding part after creation of tax demand validating the assessment made with the directions on issuance of copy of the assessment order with notice of demand shall be integral part of the assessment order and only the cumulative presence of the said pre-requisites could give a shape to any assessment order. ORDER The titled…

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