1988 (11) TMI 132

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....w. "Original assessment was completed by the WTO at a total wealth of Rs. 5,00,000 which was subsequently set aside by the AAC 'M' Range,New Delhi. It this case no return has been filed, Notice under s. 16(2) was served upon the assessee. He was asked to file the evidence of having filed the return of wealth. Case was adjourned to19th March, 1986. On this date, nobody appeared, nor any application for adjournment received. No evidence has been filed. I proceed under s. 16(5) In the absence of any material or evidence, I assess at a total wealth of Rs. 5,00,000. Issue separate forms. Sd/- (Shyam Singh) W.T. O. VIII (16).NEW DELHI." Dt.21-7-1986. It is an accepted position that notices under s. 17(1)(a) was issued and ser....

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.... reproduce for ready reference as follows: "(5) if any person fails to make a return in response to any notice under sub-s. (2) of s. 14, or fails to comply with the terms of any notice issued under sub-s. (2) or sub-s. (4). The WTO, after taking into account all relevant material which he has gathered, shall estimate the net wealth to the best of his judgment and determine the amount of wealth tax payable by the person or the amount refundable to him on the basis of such assessment." A bare reading of the above would project that failure to make return in itself would justify an ex-parte assessment. Failure to comply with notices under s. 16(2) and/or s. 16(4) would also give a cause for ex-parte assessment, but we find no mandate th....