M.SESHACHALAPATI
N. V. Subrahmanyam – Appellant
Versus
Additional Wealth Tax Officer, Eluru – Respondent
( 1 ) THIS is a petition under Article 226 of the Constitution of India praying for the issue of a Writ of Certiorari or any other appropriate writ or direction to call for the records from the Additional Wealth Tax Officer, Eluru, and quash the assessment order dated 20-3-1958, made against the petitioner for the year 1957-58.
( 2 ) THE petitioner and his three sons constituted a Hindu undivided family till 16-9-1957, when a partition between them is stated to have taken place. A notice under Section 14 (2) of the Wealth Tax Act (Act XXVII of 1957) was issued to the petitioner and in response thereto the petitioner submitted a return declaring his total wealth at Rs. 11,06,458. 00 comprising of business assets of the value of Rs. 5,71,399. 00 and non-business assets of Rs. 5,35,079. 00. A notice under Section 16 (2) was served upon the petitioner to produce the evidence necessary in support of his return. The petitioner appeared through his representative, a chartered accountant, and produced the evidence and made representations. After scrutinising the evidence and considering the representations, the Additional Wealth Tax Officer passed the assessment order
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