1999 (7) TMI 38 - HC - Wealth-tax

Tribunal can consider new grounds related to same subject matter for reassessment

The court held that the Tribunal had jurisdiction to entertain the Revenue's new ground concerning the property comprising two houses, even though it was ... Wealth Tax, Appeal To Tribunal, Powers Of Tribunal Issues:1. Whether the Income-tax Appellate Tribunal could entertain a new plea/ground not arising from orders passed by Revenue forums below.2. Whether the Tribunal was justified in allowing the Revenue to raise a new point regarding the property consisting of two houses.Analysis:1. The case involved a dispute where the assessee's property was valued for wealth tax assessment, and exemption under section 7(4) was denied by the Wealth-tax Officer. The Appellate Assistant Commissioner later granted exemption and valued the remaining portion of the house differently. The Revenue appealed, contending that the property consisted of two separate houses. The Tribunal quashed the previous order and remanded the matter for reassessment, considering whether the property was one or two houses connected by a bridge over a public road.2. The primary issue raised was whether the Tribunal had jurisdiction to entertain the new ground raised by the Revenue regarding the property comprising two houses. The assessee argued that since this issue was not raised before the lower forums, it should not have been entertained by the Tribunal. The assessee relied on section 24(2) of the Wealth-tax Act and previous court judgments to support their contention. However, the court held that the provision in section 24(2) did not restrict the Tribunal from considering new grounds related to the same subject matter. The court cited judgments stating that there is no prohibition against raising new grounds or pleas before the Tribunal as long as they touch the same subject matter.3. The court emphasized that the subject matter of appeal before the Tribunal remained consistent, focusing on the valuation of the property by the Wealth-tax Officer and the Appellate Assistant Commissioner. Even though the plea regarding the property comprising two houses was raised for the first time before the Tribunal, it did not introduce a new subject matter. Therefore, the Tribunal was justified in entertaining the new ground raised by the Revenue and remanding the matter for reassessment. The court concluded that this action did not prejudice the assessee and upheld the Tribunal's decision to consider the new plea.4. In conclusion, the court answered the questions in the affirmative, stating that the Tribunal was justified in entertaining the Revenue's new ground as it related to the subject matter of the appeal and did not cause prejudice to the assessee. The court disposed of the reference accordingly.