ITO v. Sarojini Ramaswamy (Deceased) (2022)441 ITR 674 / 210 DTR 161/ 325 Taxman 47 (Mad) (HC)

Wealth-Tax Act , 1957

S. 17 : Reassessment — Tangible material-Assessment cannot be reopened for redetermination of value based on subsequent sale of property — Reassessment unsustainable- Existence of alternative remedy — Not bar to writ. Art , 226 ]

The assessee sold a property during the year 1995 and disclosed the sale consideration in her return for the assessment years from 1990-91 to 1995-96. The Assessing Officer issued notices wherein he had merely stated that there was reason to believe that the net wealth chargeable to tax for the assessment years 1990-91 to 1995-96 had escaped assessment within the meaning of section 17 of the Act. The assessee filed her return for the assessment year 1996-97 also. Thereafter, the Assessing Officer passed reassessment orders dated March 26, 2002 determining the value of the property as on the valuation date on the premise that the assessee had under-estimated its value and the assessee did not adopt the fair market value of the property. On a writ petition against the reassessment orders the single judge held that a reassessment could not be made based on the sale of the asset, which had taken place long after the assessment and hence, there was no material to establish that the assessee had not disclosed true and full particulars on the valuation of the property. On appeal . On appeal order of single judge is affirmed .Referred   CIT v. Foramer France (2003 ) 264 ITR 566 ( SC) ( AY.1990-91 to 1996-97)