1989 (8) TMI 41

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....e seeks the following questions of law to be referred to this court : "(1) That, in the facts and circumstances of the case and under the law, the provisions of section 17(1) of the Wealth-tax Act are wholly inapplicable and the action initiated under section 17(1)(a) is ab initio void and contrary to the provisions of the law and the reassessment framed in consequence of the said action is nul....

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....lly against the accepted principle of valuation in the case of tenanted properties ?" It appears that the assessment was made in respect of the property at Ajmeri Gate, Delhi, in which the petitioner is a co-owner. Subsequently, notice was issued under section 17(1)(a) seeking to reopen the assessment. It was the case of the Wealth-tax Officer that this property was previously in slum areas and....

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.... into consideration the fact that the property had been released from the Slum and Housing Department. The Tribunal did not dispose of the appeal on merits but by its order dated August 23, 1984, had remanded the case to the Assistant Commissioner. The Assistant Commissioner, therefore, had to decide whether notice under section 17(1)(a) was validly issued, keeping in view the fact that the pro....