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1968 Supreme(SC) 132

Sudhir Chandra Nawn – Appellant
Versus
Wealth-tax Officer, Calcutta – Respondent


Advocates:
C.B.AGARWAL, C.K.DAFTARY, M.R.Krishna Pillai, NAUNIT LAL, NIRMAL MUKHERJI, O.P.RANA, P.K.MUKHERJI, R.N.SACH

Judgement

SHAH, J.: For the years 1959-60, 1960-6l and 1961-62 the petitioner was assessed to tax under the Wealth-tax Act, 1957, by the Wealth-tax Officer, C-Ward, District II (1), Calcutta. The petitioner failed to pay the tax and proceedings for recovery of tax and penalty were taken against him. The petitioner then moved this Court for a writ quashing the order of assessment and penalty and notices of demand for recovery of tax. The petition was sought to be supported on numerous grounds, none of which has, in our judgment, any substance. The plea that wealth-tax is chargeable only on the accretion of wealth during the financial year is contrary to the plain words of the charging section. Section 3 of the Wealth-tax Act, as it stood in the relevant years, declared that there shall be charged for every financial year a tax in respect of the net wealth on the corresponding valuation date of every individual, Hindu undivided family and company at the rate or rates specified in the Schedule. The expression "net wealth" is defined in S. 2 (m) as meaning "the amount by which the aggregate value computed in accordance with the provisions of the Act of all the assets, wherever located,



















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