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2003 (2) TMI 56 - ANDHRA PRADESH HIGH COURT"Whether, in the facts and circumstances of the case, the Tribunal was correct in coming to the conclusion that the conditions precedent for assuming jurisdiction under section 25(2) of the Wealth-tax Act are not satisfied in the case ?" -A plain reading of the provision of section 25(2) makes it abundantly clear that it confers suo motu jurisdiction upon the Commissioner to call for and examine the records of any proceeding under this Act and if he considers that any order passed therein is erroneous in so far as it is prejudicial to the interests of the Revenue, he may, after giving the assessee an opportunity of being heard, pass appropriate orders. - we hold that the Commissioner of Wealth-tax in this case was justified in interfering with the order of the Wealth-tax Officer under section 25(2) of the Act. The Tribunal's order, reversing the Commissioner's decision, was based on a misconception of the provisions of section 25(2) of the Act. On this basis, we answer the question of law in favour of the Revenue.
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