TMI Blog2011 (11) TMI 342X X X X Extracts X X X X X X X X Extracts X X X X ..... 1. By these writ petitions, the petitioner Lake Palace Hotels and Motels Limited, Udaipur has challenged the order of the Commissioner of Wealth Tax, Udaipur rejecting the revision petition under Section 25 of the Wealth Tax Act, 1957 for the assessment years 1997-1998, 1999-2000, 2000-2001, 2001-2002, 2002-2003, 2003-2004 and 2004-2005. The Commissioner of Wealth Tax held that the revision petition under section 25 of the Wealth Tax Act against intimation issued under Section 16(1) of the Act is not an 'order' and therefore, the revision petition under Section 25 of the Act is not maintainable. Being aggrieved by the same, the petitioner assessee has approached this Court by way of present writ petitions. 2. The learned counsel f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssa submitted that the impugned order is justified and an 'intimation' cannot be construed as an 'order' since the amendment in law was not in force in the assessment periods in question. He, however, fairly submitted that Section 143(1)(a) of the Income Tax Act was amended to construe such 'intimation' as an 'order' for the assessment years in question as given in the order by the learned Commissioner and even the appeal against such 'intimation' was maintainable before the Appellate Authority under Section 246A of the Income Tax Act. He also submitted that section 16 of the Wealth Tax Act also provides that such 'intimation' shall have effect or being notice for demand and shall be enforced for recovery of Wealth Tax dues, if any. 4. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ited will pay interest @9% per annum simple from the cate of receipt of payment. That the interest will be charged and payable on first day of May of each year for the previous year. That the principal amount of the said Advance Lease Deposit shall be payable in 10 yearly instalments of Rs.25 lakhs each from 1.5.2055. The Lake Palace Hotels and Motels Pvt. Limited undertakes, declared and confirms that it shall promptly pay the interest and the year installments as and when due, failing which EIH is authorized to adjust and appropriate the interest and installment due from the lease rent payable by EIH to the Lake Palace Hotels and Motels Pvt. Limited as per the terms of this Lease Agreement . 21. For A.Y. 1996-97 and 1994-95 the same i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7. However, for assessment years in question, namely, assessment years 1997-1998, 1999-2000, 2000-2001, 2001-2002, 2002-2003, 2003-2004 and 2004-2005, since the said deduction was not given by the Assessing Officer while issuing 'intimation' (order) under Section 16 of the Act, the assessee preferred revision petition before the learned Commissioner of Wealth Tax which came to be dismissed as not maintainable by the impugned order dtd.31.3.2010. Hence the present writ petitions. Therefore, the limited question before this Court in these writ petitions is as to whether the revision is maintainable under Section 25 of the Act against an 'intimation' under Section 16(1) or not and whether such an 'intimation' is an 'order' or not. 8. Havi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that no intimation under this subsection shall be sent after the expiry of two years from the end of the assessment year in which the net wealth was first assessable. 9. Undoubtedly, the said 'intimation' is an appealable 'order' under the provisions of Section 23 and 23A of the said Wealth Tax Tax, 1957. If any intimation/order is appealable before the first appellate authority, there is no reason why the Commissioner cannot invoke his revisional powers under Section 25 of the Act which confers upon him suo moto revisional powers as well as powers to be invoked on the application made by the assessee. He can call for the record of any proceedings under this Act, if an order has been passed by any authority subordinate to him and may m ..... X X X X Extracts X X X X X X X X Extracts X X X X
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