Income Tax Appellate Tribunal
2002
THLN 6670
2002 PTD 2937
Laws Cited
Wealth Tax Act (XV of 1963)
Sections
17A(2)(b) & 14

VS

Petitioner(s) by:
Respondent(s) by:
Present: KHAWAJA FAROOQ SAEED, JUDICIAL MEMBER AND MAZHAR FAROOQ SHIRAZI, ACCOUNTANT MEMBER
ORDER

MAZHAR FAROOQ SHIRAZI (ACCOUNTANT MEMBER).-These three appeals have been filed by the department for the assessment years 1992-93 to 1994-95 against an order passed by the learned First Appellate Authority to agitate the cancellation of assessments.2. The brief facts of the case are that no suo motu returns were for the years under consideration. The Assessing Officer issued notice under section 14(2) for filing of the returns which was served on 23-2-1997. In response to notices under sections 16(2) and 16(4) the assessee pleaded before the Assessing Officer that the assessments were time-barred. This plea was not accepted by the Assessing Officer for various reasons given in the assessment order. The assessments were consequently finalized at total wealth of Rs.2,116,600 each for the three years under consideration. The assessee being aggrieved went in appeal before the learned first appellate authority who cancelled the assessments framed by the Assessing Officer as being time barre...