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1970 (4) TMI 4

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....admitted the value of the assets as shown in the certified balance sheets on the respective valuation dates. In appeal, the Appellate Assistant Commissioner of Wealth-tax confirmed the order passed by the Wealth-tax Officer. The company then moved revision applications before the Commissioner of Wealth-tax under section 25 of the Wealth-tax Act. Against the order passed by the Commissioner of Wealth-tax rejecting the applications, the company has filed these appeals under article 136 of the Constitution. Against the orders of the Appellate Assistant Commissioner appeals lay to the Income-tax Appellate Tribunal, but the company preferred revision applications before the Commissioner. We do not encourage an aggrieved party to appeal direc....

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....t with the principles of natural justice : he cannot permit his judgment to be influenced by matters not disclosed to the assessee, nor by dictation of another authority. Section 13 of the Wealth-tax Act provides that all officers and other persons employed in the execution of this Act shall observe and follow the orders, instructions and directions of the Board. These instructions may control the exercise of the power of the officers of the department in matters administrative but not quasi-judicial. The proviso to section 13 is some what obscure in its import. It enacts that no orders, instructions or directions shall be given by the Board so as to interfere with the discretion of the Appellate Assistant Commissioner of Wealth-tax in the ....

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....de while determining the total wealth of an assessee on the basis of global valuation ". Under entry dated August 7, 1963, recorded by the Inspector, it is stated that " upon reference to the Board for instructions, it was recommended that the petitions be kept pending decision of the matter till " it was decided by the High Court in which the same question was raised. When on January 27, 1966, the company requested that the applications be kept pending till the disposal of the reference application by the High Court for the assessment year 1959-60 in which a similar point was involved, the Commissioner was of the view that the application need not be kept pending, but still directed " write to the Board ". A letter was written to the Boa....