9911796707
TMI Blog1971 (4) TMI 14X X X X Extracts X X X X X X X X Extracts X X X X ..... wing question for the opinion of this court, under section 27(1) of the Wealth-tax Act, 1957, " Whether, on the facts and in the circumstances of the case, the Tribunal was competent to recall its order dated April 27, 1961 ? " The assessee, being aggrieved by the order of the Appellate Assistant Commissioner, valuing certain buildings, preferred two appeals in respect of assessment years 1958-5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot the aforesaid question of law referred to this court for opinion. The contention on behalf of the Commissioner of Wealth-tax is that, under the Wealth-tax Act, there was no power in the Tribunal to review an order once passed by it. It is contended that the order recalling the reference to valuers under section 24(6) is an order of review, which the Tribunal could not pass. Section 24(6), as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... section, once it is decided to refer the dispute to valuers, one of them is to be appointed by the assessee and the other by the department. There is no provision in the Act to indicate as to what is to happen if one of the two parties declines to appoint a valuer. The Tribunal was not empowered either to appoint or to compel any party to appoint a valuer. It is, therefore, clear that in a case w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nnot partake of the nature of a final decision about the rights of the parties and the principle that a judicial or quasi-judicial authority cannot review its decision unless the statute permits it, cannot apply to the facts of this case. Provision of section 24(10) to the effect that, save as provided in section 27 any order passed by the Tribunal on appeal shall be final, merely means that any o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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