9911796707
TMI Blog2005 (11) TMI 214X X X X Extracts X X X X X X X X Extracts X X X X ..... ), in relation to asst yrs. 1986-87 to 1989-90 and 1992-93. Since common issues are involved in all these appeals, we are, therefore, proceeding to dispose them of by this consolidated order for the sake of convenience. 2. Briefly stated, the facts of this case are that a survey was conducted under s. 133A of the Act at the premises of the assessee on 6th Dec., 1985 in which incriminating diaries ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ries, found during the course of survey, impounded from the assessee's business premises, contained certain cash credit, entries, entries for speculation business and Adat income which were not recorded in the regular books of account. On the basis of such entries in the asst. yrs. 1984-85 to 1986-87, the AO included a sum of Rs. 10,96,862 in the total wealth of the assessee. In the first appeal, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... asst. yr. 1984-85 cannot be said to have attained finality for the reason that the Hon'ble High Court has stayed the proceedings for the said assessment year under the IT Act. It is no doubt true that the proceedings under the income-tax and wealth-tax are different. But where the subject-matter of wealth-tax is a direct derivation from the outcome of the income-tax proceedings, which is still in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 984-85 under IT Act are concluded. By setting aside the impugned orders, we restore the matter to the file of the AO for deciding the inclusion of wealth relating to the income-tax proceedings for asst. yr. 1984-85 only when such proceedings under the IT Act are concluded. While finalizing the assessment, the WTO would allow a reasonable opportunity of being heard to the assessee to make his defen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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