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2021 (7) TMI 513 - MADRAS HIGH COURTRe-opening of assessment under the Wealth Tax Act, 1957 - Orders passed under Section 18(1)(c) of the Wealth Tax Act - Validity of reopening of assessment - non speaking order passed - impugned orders preceded the issue on a notice under Section 17 of the Wealth Tax Act, 1957, which is pari materia with Section 147 of the Income Tax Act, 1961 - HELD THAT:- There is no dispute in the facts and circumstances of the case that no speaking order was passed before passing the impugned Assessment Orders. The provisions of the Income Tax Act, Wealth Tax Act as far as the reopening of the assessments are concerned are pari materia with Section 17 of the Wealth Tax Act, 1957 and Section 147 of the Income Tax Act, 1961. As rightly contended by the learned counsel for the petitioner, the decision of the Hon'ble Supreme Court in G.K.N.Driveshafts case [2002 (11) TMI 7 - SUPREME COURT] is to be applied even for re-opening of assessment under the Wealth Tax Act, 1957 - we therefore of the view, the impugned order deserves to be set aside. Accordingly, remit the case back to the respondent to pass a speaking orders on merits in accordance with law following the decision of the Hon'ble Supreme Court in G.K.N.Driveshafts case.
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