Law: Wealth Tax Rules, 1963

Section: R8,R.8(3)

Wealth Tax Rules, 1963---R. 8(3)---Valuation of land and building- --Declaration of value on the basis of actual rent received---Enhancement by the Assessing Officer without prior approval of Inspecting Additional Commissioner ---Effect--­Orders of the Authorities were vacated by the Appellate Tribunal and the Assessing Officer was directed to accept the declared value in circumstances. 1996 SCMR 230; 2002 PTD 407; 1988 PTD 1014; 2001 PTD (Trib.) 22 and W.T.As. Nos. 366 to 369, 1565 to 1567/LB of 1999 ref. ORDER MUHAMMAD TAUQIR. AFZAL MALIK (JUDICIAL MEMBER).---These are three wealth tax appeals for the charge years 1998-99 to 2000-2001 against the order of AAC, Faisalabad, dated 9-2-2002. The grounds of appeals in all the cases are the same which are as under:-- That the AAC has wrongly remanded back to the Assessing Officer. That the appeals could not be set aside for filling the legal lacuna on the part of the Assessing Officer. That after having observed that no prior approval of the IAC of I. Tax/W. Tax under rule 8(3) of the Wealth Tax Act, 1963 was obtained the declared value should have been accepted. That in absence of prior mandatory approval of I.A.C. the declared value based on actual rent be accepted. Arguments heard. Record perused. In this connection, the AR of the assessee has relied on 1996 SCMR 230, the relevant portion is as under: "The principles for remand of case are no longer unsettled. The primary rule is that where there is adequate evidence on record to decide the case itself, the Court is not under an obligation to make order of remand." 2002 PTD 407, the relevant portion is as under: "In doing so we were considering the prospects of a remand, however, we feel that the same would not be proper since in framing the assessment orders it is the Assessing Officer who has to blame himself for the wrongful exercise of power. A remand order would have been subjected to another round of cumbersome proceedings which is deprecated in law and such order should not be passed in a routine manner to allow a party to improve his case or to fill in the lacuna-(see Muhammad Sadiq v. ITO, 1988 .PTD 1014 and Chairman, WAPDA v. Gulbat Khan 1996 SCMR…

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