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2002 (6) TMI 16 - GUJARAT HIGH COURT"(i) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in setting aside the order of the Commissioner of Wealth-tax under section 25(2) of the Wealth-tax Act, 1957? - (ii) Whether, the finding of the Appellate Tribunal that the Commissioner of Wealth-tax had exceeded his jurisdiction and his order cannot be sustained is correct in law?" - we are of the same view that the Commissioner of Wealth-tax was justified in setting aside the assessment made by the Wealth-tax Officer and in directing the Wealth-tax Officer to recompute the correct net wealth and tax after considering the valuation made by the Departmental Valuer. - In view of the above, our answer to both the questions referred to us is in the negative, i.e., in favour of the Revenue and against the assessee.
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