Law: Wealth Tax Act, (XV of 1963)

Section: 16,16(4)

Wealth Tax Act (XV of 1963)---S.16(4)---Assessment---Finalization of single assessment order for all the years by referring as S.16(4) of the Wealth Tax Act, 1963---Validity---Assessment had been framed under S.16(4) of the Wealth Tax Act; 1963---Said provision of law was meant for calling for details and explanation on certain points if required---Revenue could. not make an assessment under S.16(4) of the Wealth Tax Act, 1963---Assessment could only be made under S.16(3) or 16(5) of the Wealth Tax Act, 1963---Even on confronting it to Department, no explanation For it had been tendered, on this score too the assessment was not maintainable and had rightly been cancelled by the First Appellate Authority. 2006 PTD (Trib.) 987; 2004 PTD (Trib.) 388 and 2004 PTD (Trib.) 1014 ref. (b) Wealth Tax Act (XV of 1963)--- ----S.16(2)---Assessment---Non-service of notice---First Appellate Authority on perusal of assessment record round that notice under S.16(2) of the Wealth Tax Act, 1963 was never served as both the copies of it were found lying therein meaning thereby that, it remained un-­served---Non-issuance of notice being Fatal, the assessment was not maintainable for all the years---Basis of Framing assessment were not approved, thus on merit it was not found as maintainable---Assessment was cancelled by the First Appellate Authority---Case-law cited fortified such Findings---By Following the s and orders, Appellate Tribunal upheld the order of First Appellate Authority. (1991) 63 Tax (sic); 1990 PTD 389; 2007 PTD 20; 2005 PTD (Trib.) 517 and 2006 PTD 2814 ref. ORDER The titled appeals are directed against the single combined order dated 3-8-2006, solely to contest the cancellation of assessment framed for all the years by submitting various grounds on each of the basis, the single combined assessment order has been passed. The sections referred to in this order are of the refereed Wealth Tax Act, 1963. 2. The facts in brief giving rise to filing of these appeals are that by a single assessment order for all the years has been finalized by referring as the section 16(4) set aside for framing assessment on the identical basis for all the years. The assessment so…

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