1992 (2) TMI 30

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ated March 28, 1981 (annexure '11') issued under section 17(1) of the Wealth-tax Act, 1957, in respect of the assessment year 1972-73, for restraining the non-petitioner from taking further proceedings in pursuance thereof and for holding that the non-petitioner has no jurisdiction to proceed against the petitioner in pursuance of the impugned notice. The facts of the case may be summarised thus. ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ancellation of the registration granted to the said firm, Messrs. Gulab Das Jagannath, for the assessment years 1972-73 to 1977-78 and cancelled the registration holding that the petitioner's mother, Smt. Rukma Bai, was merely a benamidar of the petitioner, that the amount invested by her in the said firm did not belong to her and that she did not enter into partnership with her son. He also direc....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....n for the notice (annexure 11) and it deserves to be quashed. Learned standing counsel for the Revenue could not controvert the above contentions of learned counsel for the petitioner. He has to admit that the order cancelling the registration of Messrs. Gulab Das Jagannath was subsequently set aside by the Tribunal and the order of the Tribunal was confirmed by this court by its judgment dated....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... of the petitioner. In this view of the matter, the notice issued by the non-petitioner is wholly justified and is in conformity with section 17 of the Wealth-tax Act, 1957. " It is thus the admitted case of the non-petitioner that the basis of the impugned notice, annexure-11, is the order cancelling the registration of the firm, Messrs. Gulab Das Jagannath, that it has been set aside in appea....