1984 (12) TMI 32

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....reference application has been made under section 27(3) of the Wealth-tax Act. It arises out of the order of the Tribunal, Jaipur Bench, Jaipur, in Wealth-tax Appeal No. 128/JB/1980. .The Revenue preferred reference application under section 27(1) of the Wealth-tax Act, which was rejected by the Tribunal on May 25, 1981. The brief facts of the case as alleged by the Revenue are that the assesse....

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....bunal. The Tribunal observed that there were no proceedings pending with the Wealth-tax Officer, when he made the reference to the Valuation Officer and, therefore, relying upon the judgment of the Calcutta High Court in the case of S. C. Ghose v. WTO [1980] 126 ITR 102, held that a reference could be made only during the pendency of the assessment, proceedings and not for the purpose of reopening....

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....ng reference to the report of the Valuation Officer obtained for the purpose of reopening as it is not reason for belief within the meaning of clause (a) of section 17(1). It was observed as under (pp. 328, 329): "Section 16A has got no relevancy and cannot be applied after the assessment is complete and before reassessment has commenced, that is, for the purposes of consideration of the que....

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....r the purpose of reopening of a completed assessment. The Tribunal on this question, which is purely a question of fact, observed as under: " We agree with the submissions of the learned counsel for the assessee. As is evident from the facts stated above, there were no proceedings pending before the Wealth-tax Officer when he made the reference to the District Valuation Officer. Section 16A ....