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1990 (7) TMI 87

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....ember 18, 1989, December 3, 1987, and December 29, 1987. The assessment year concerned herein is 1980-81. The relevant valuation date is March 31, 1980. Before the Wealth-tax Officer, two of the issues in controversy were : (i) whether, the family settlement put forward by the assessee is true and should be accepted, and (ii) what is the value of the agricultural land measuring 21 bighas, 15 biswas situate at Dara Kote Tala, Chilkana Road, Saharanpur. The Wealth-tax Officer made the assessment refusing to accept and act upon the family settlement deed. He valued the aforementioned agricultural asset at Rs. 35,12,880 applying the rate of Rs. 60 per sq. yard. Against the assessment order, the assessee filed an appeal before the Commissione....

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....uthority thought it necessary to call for a further report from the Wealth-tax Officer. This order is dated August 13, 1987. Since the existence of this order was denied by the assessee, we called upon learned standing counsel for the Revenue to produce a copy of the same which he did. It would be appropriate to extract the entire order: "During the course of the appeal hearing on July 17, 1987, at Camp Saharanpur, the remand report sent by you dated November 15, 1986, was discussed with learned counsel, Shri 0. P. Sapra. In support of his claim that a family partition had taken place on February 13, 1990, the original settlement was placed with a copy thereof. Since it was not complete, the appellant was requested to get it fully cer....