2019 (5) TMI 863 - AT - Wealth-tax

Appeals granted, assessment orders quashed for lack of reasons in Wealth Tax Act cases.

Anita Rani Mahajan Versus The Commissioner of Wealth Tax, Central-III, New Delhi

Anita Rani Mahajan Versus The Commissioner of Wealth Tax, Central-III, New Delhi - TMI Issues:Challenging the jurisdiction of the Commissioner of Wealth Tax under section 25 of the Wealth Tax Act, 1957 for revising assessment orders passed by the Assistant Commissioner of Wealth Tax. Admissibility of additional grounds of appeal challenging the legality of the original assessment orders. Validity of the original assessment orders passed under section 16(3) read with section 17 of the Wealth Tax Act. Right of the assessee to challenge the original order in revisionary proceedings under section 25 of the Act. Quashing of the order passed under section 25(2) of the Wealth Tax Act for Assessment Years 2003-04 to 2006-07.Detailed Analysis:1. The appeals before the Appellate Tribunal ITAT DELHI pertained to four wealth tax appeals for Assessment Years 2003-04, 2004-05, 2005-06, and 2006-07, challenging the order of the Commissioner of Wealth Tax under section 25(2) of the Wealth Tax Act, 1957. The Commissioner had held that the original assessment orders passed by the Assistant Commissioner of Wealth Tax were erroneous and prejudicial to the revenue's interest.2. The additional ground of appeal raised by the assessee challenged the legality of the order passed under section 25(2) cancelling the assessment passed under section 16(3) read with section 17, claiming it to be illegal and without jurisdiction.3. The assessee filed an application for admission of additional grounds of appeal, arguing that the original order passed by the Assistant Commissioner of Wealth Tax suffered from jurisdictional lapses, which needed to be addressed.4. The Appellate Tribunal admitted the additional ground of appeal, considering that it challenged the root of the matter regarding the legality of the original assessment order.5. The case involved a search operation leading to the issuance of notices under different sections of the Wealth Tax Act, ultimately resulting in discrepancies in the valuation of assets and wealth. The Commissioner of Wealth Tax found errors in the original assessment orders and directed a reassessment.6. The assessee contended that the assessment was reopened without recording any reason, making the original order and subsequent revision invalid.7. The Tribunal held that the assessee had the right to challenge the validity of the original order in the revisionary proceedings under section 25 of the Act, citing a similar provision in the Income Tax Act.8. Upon examination of the records, it was found that the original assessment orders were passed without recording reasons for reopening, leading to the quashing of the orders passed under section 25(2) of the Wealth Tax Act for all the relevant assessment years.9. Consequently, the appeals of the assessee for all the years in question were allowed, and the orders passed under section 25(2) were deemed invalid and quashed.