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2011 (2) TMI 113 - HC - Wealth-taxAssessement - (a) Whether on the facts and circumstances of this case, is it mandatory to issue notice under section 16(5) of the Wealth-tax Act before passing best judgment assessment in case where return was not filed pursuant to notice under section 16(4) of the Act? (b) Whether no notice under section 16(5) of the Wealth-tax Act was required to be issued in view of the second proviso thereto, as notice under sub-section (4) of section 16 had already been issued? - Held that: - answer to the question (a) in the negative that where return was not filed pursuant to notice under section 16(4) of the Act, no further notice was mandatory under section 16(5) prior to passing of best judgment assessment. - answer to the second question in affirmative in the sense that where notice under sub-section (4) of section 16 had already been issued, no notice was required to be issued in view of second proviso to section 16(5). Both the appeals are disposed of accordingly.
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