K.RAMACHANDRA RAO, P.CHANDRA REDDY
P. Ramabhadra Raju – Appellant
Versus
Union of India – Respondent
( 1 ) IN these petitions under Article 226 of the Consti-tution of India, the constitutionality of Section 3 of the Wealth-Tax Act, 1957 (XXVII of 1957) (hereinafter referred to as the Act) is challenged.
( 2 ) THE Wealth Tax Officer, Eluru passed orders on 26-1-1958 and 22-11-1958 assessing the petitioner and his adopted sou as a Hindu Undivided family to wealth-tax for the years 1957-58 and 1958-59 respectively under Section 16 (3) of the Act, and the assets of the family were made eligible to a tax of Rs. 27,779-85 np. for the year 1957-58 and Rs. 37, 491-98 np. for 1958-59. By notices dated 26-1-1958 and 22-11-1958, the assessee was required to pay the taxes under Section 30 of the Act on or before 15-2-1958 and 24-12-1958 respectively. Thereupon, the assessee moved this court to remove those orders on certiorari.
( 3 ) THE principal contention urged on behalf of the petitioner is that Section 3 of the Act, which enables the Revenue to tax a Hindu Undivided Family, is beyond the legislative competence of the Union Parliament and, consequently, the proceedings started by the proper Wealth-tax Officer under Section 14 read with Section 3, are invalid. The point for c
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