1997 (12) TMI 139 - AT - Income Tax

Tax Appeals: Reopening Disputed, Assessments Upheld

Rajas R. Doshi. Versus Wealth-Tax Officer.

The Tribunal allowed the appeals for the assessment years 1978-79 and 1979-80 due to the invalidity of the reopening of assessments. However, the appeals ... Non-Disclosure Of Primary Facts Issues Involved:1. Validity of reopening assessment proceedings for the assessment years 1978-79 to 1982-83 under section 17(1)(a) of the Wealth Tax Act.2. Valuation of residential flats under rule 1BB for the assessment years 1978-79 and 1979-80.3. Direction by the Dy. CIT (Appeals) to refer the valuation of land to the Valuation Officer under section 16A for the assessment years 1980-81 to 1982-83.Issue-wise Detailed Analysis:1. Validity of Reopening Assessment Proceedings for the Assessment Years 1978-79 to 1982-83:The primary contention was whether the Dy. CIT (Appeals) erred in upholding the reopening of the assessment proceedings for the years 1978-79 to 1982-83 under section 17(1)(a) of the Wealth Tax Act. The appellant owned land at Chatushrigi, Pune, and the value of this land was assessed at different amounts over various years. The Assessing Officer sought to reopen the assessments on the grounds of under-assessment based on the sale deed dated 3-3-1983, which showed a significantly higher value than previously disclosed.The appellant argued that all material particulars were furnished at the time of the original assessment, and thus, there was no omission or failure on their part to disclose relevant particulars. The appellant also pointed out discrepancies in the reasons recorded by the Assessing Officer, questioning the validity of the reopening.The Departmental Representative countered that the reopening was based on substantial discrepancies between the disclosed value and the sale consideration received, which justified the reopening under section 17(1)(a). The Tribunal found that the reopening for the years 1980-81 to 1982-83 was valid as the reasons for reopening were based on the sale deed and the valuation report. However, for the years 1978-79 and 1979-80, the reopening was deemed invalid due to the absence of recorded reasons.2. Valuation of Residential Flats under Rule 1BB for the Assessment Years 1978-79 and 1979-80:The appellant contended that the Dy. CIT (Appeals) erred in rejecting the grounds that certain residential flats should be valued under rule 1BB. However, since the reopening of the assessments for the years 1978-79 and 1979-80 was found invalid, this ground was rejected.3. Direction by the Dy. CIT (Appeals) to Refer the Valuation of Land to the Valuation Officer under Section 16A for the Assessment Years 1980-81 to 1982-83:The appellant argued that the Dy. CIT (Appeals) exceeded his jurisdiction in directing the Assessing Officer to refer the valuation of the land to the Valuation Officer under section 16A. The Tribunal found no merit in this contention, noting that the earlier assessments were based on a report by the District Valuation Officer (DVO) for the year 1972-73, which was outdated. The Tribunal upheld the direction for a fresh valuation, emphasizing that it did not constitute an overreach of the appellate authority's jurisdiction.Conclusion:The appeals for the assessment years 1978-79 and 1979-80 were allowed due to the invalidity of the reopening of assessments. The appeals for the assessment years 1980-81 to 1982-83 were dismissed, upholding the reopening of assessments and the directions for fresh valuation.