1999 (1) TMI 28

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....is is a petition under article 226/227 of the Constitution of India for quashing the notice dated March 24, 1998, issued by the Wealth-tax Officer, Ward-I, Moga, to the petitioner-assessee for the assessment year 1987-88 under section 17 of the Wealth-tax Act, 1957 (for short "the Act"). The assessee was being assessed under the Act but he did not file the return of wealth for the assessment ye....

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....is section has been made for the relevant assessment year, no notice shall be issued under sub-section (1) by an Assessing Officer, who is below the rank of Assistant Commissioner, unless the Deputy Commissioner is satisfied, on the reasons recorded by such Assessing Officer, that it is a fit case for the issue of such notice : Provided that, after the expiry of four years from the end of the r....

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....y Commissioner, after four years from the end of the assessment year in question, after seeking satisfaction of the Deputy Commissioner on the reasons recorded for the issue of such notice. It would mean that it if the Assessing Officer was of the rank of the Deputy Commissioner or above, notice may be issued on his own satisfaction. There is no dispute to the fact that the petitioner-assessee ....

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....e only requirement in that situation is that the Assessing Officer should, before issuing the notice, seek satisfaction from the Deputy Commissioner on the reasons for the issuance of notice. On a consideration of the matter, we are of the view that the plea raised by Shri Mahajan, learned counsel for the petitioner, that the Wealth-tax Officer was not competent to issue a notice is found to ha....