Businesswonder.com - Home Page

Wealth Tax in India - Assessment by Assessing Officer, Appeal to Deputy Commissioner (Appeals), Appeal to Appellate Tribunal, Appeal to High Court or National Tax Tribunal, Appeal to Supreme Court –Section 16, 17A, 23, 24, 27A and 29 of the Wealth Tax Act, 1957

First Assessment of the Wealth Tax Return is done by the Assessing Officer. Persons not satisfied with the order of the Assessing officer can file appeal with the Deputy Commissioner (Appeals). Appeal can be filed with Appellate tribunal against the order of the Deputy Commissioner. If there is any question of law, the assessee or Deputy Commissioner (Appeals) can file appeal to the High Court (before Establishment of National Tax Tribunal) against the order of Appellate Tribunal.

 

 


Wealth Tax Liability
 Persons Chargeable to Wealth Tax
 (i) Individuals and HUFs having net wealth exceeding Rs. 30 lacs on the Valuation date
 (ii) All Companies having net wealth exceeding Rs. 30 Lacs
 
Wealth Tax Liability - 1% of Net Wealth Less Rs. 30 lacs

Wealth Tax Assessment by Assessing Officer (AO) –Section 16 of the Wealth Tax Act 1957
The assessing officer asses the return of Wealth submitted by the Assessee. If he is satisfied with the Return, computation and tax payment made by the Assessee, he will pass the Assessment Order.

If the Assessing officer is not satisfied with the Return filed by the Assessee or find any discrepancies he may pass the Assessing Order with Demand notice for the amount of tax due.

Any assessee intends to appeal against the order of the Assessing Officer can file appeal to the Deputy Commissioner of Wealth Tax within 30 days of receipt of the Assessment Order.

Time Limit for completion of Wealth Tax Assessment and Re Assessment – Section 17A of Wealth Tax Act, 1957
As per Section 17A(1) of Wealth Tax Act 1957,  No order of assessment shall be made under section 16 at any time after the expiry of two years from the end of the assessment year in which the net wealth was first assessable.

Wealth Tax appeal to the Deputy Commissioner of Wealth Tax from orders of Assessing Officer – Section 23 of the Wealth Tax Act, 1957
Assessee intends to file appeal with the Commissioner of Income Tax/Wealth tax can file appeal within the prescribed time:

Appeal Form -E
Form No. E is the form for filing Appeal with the Commissioner.

Statement of Facts
A brief statement of facts should be included in the appeal.
 


Grounds of Appeal
Grounds of appeal should be prepared in brief by including the important points.

Time Limit for filing appeal
The appeal should be filed within 30 days from the receipt of communication of order by the Assessee in normal circumstances.

Appeal Fee
In respect to appeals to the Commissioner, appeal fee is Rs. 250/-. The appeal fee should be paid and the receipt should be enclosed with the Appeal form.

Documents to be enclosed for filing appeal with Commissioner
The wealth tax appeal should include:
1. Form No. E
2. Copy of order passed by the Assessing Officer
3. Original Notice of Demand
4. Evidence of appeal fee paid
5. Authority Letter if any for the authorised representative
 
Verification
Form E should be verified and signed by the authorised signatory.

Wealth Tax appeal to the Appellate Tribunal (ITAT) from orders of the Deputy Commissioner (Appeals) – Section 24 of the Wealth Tax Act, 1957
Assessee intends to file appeal with the Appellate Tribunal of Income Tax/Wealth tax can file appeal within the prescribed time:

Appeal Form -F
Form No. F is the form for filing Appeal with the Commissioner.

Grounds of Appeal
Grounds of appeal should be prepared in brief by including the important points.

Time Limit for filing appeal
The appeal should be filed within 60 days from the receipt of communication of Order passed by the Commissioner, by the Assessee in normal circumstances.
 


The memorandum of appeal must be in triplicate and should be accompanied by

1. two copies (at least one of which should be a certified copy) of the order appealed against,

2. two copies if the relevant order of the Assessing officer/Valuation Officer

3. two copies of the grounds of appeal before the first appellate authority

4. two copies of the statement of facts, if any, filed before the said appellate authority

and also

(a) in the case of an appeal against an order levying penalty, two copies of the relevant assessment order;

(b) in the case of an appeal against an order under section 16(3) read with section 17 of the Wealth-tax Act, 1957, two copies of the original assessment order, if any.

Appeal Fee
The memorandum of appeal in the case of an appeal by an assessee must be accompanied by a fee specified below:-

(a) in a case where the assessment proceeding were initiated before the 1st day of April, 1971, Rs. 100;

(b) in a case where the assessment proceedings were initiated after the 31st day of march, 1971 , but before the 1st day of June, 1981, Rs. 125;

(c) in any other case, Rs. 200.

(Please cross check the amount before paying fee)
 
Verification
Form F should be verified and signed by the authorised signatory.

Wealth Tax Appeal to the High Court – Section 27A of the Wealth Tax Act 1957
The Assessee or the Deputy Commissioner may file appeal with the High Court (Before the establishment of National Tax Tribunal) if the case involves substantial question of law.
 


Time limit to file Wealth Tax appeal with High Court
As per Section 27A (1) of the Wealth Tax Act 1957, an Appeal with High Court can be filed within one hundred twenty days of the day upon which he is served with notice of an order under section 24 or section 26 or clause (e) of sub-section (1) of section 35, file on or after the 1st day of October, 1998 [but before the date of establishment of the National Tax Tribunal] appeal before the High Court.]

Wealth Tax Appeal to the Supreme Court – Section 29 of the Wealth Tax Act 1957
As per Section 29(1) of the Wealth Tax Act, 1957 an appeal can be filed to the Supreme Court from any judgment of the High Court delivered (before the establishment of National Tax Tribunal)
As per Section 29(3) The High Court may, on application made to it for the execution of any order of the Supreme Court in respect of any costs awarded by it, transmit the order for execution to any court subordinate to the High Court.

HOME  About Us   Contact Us   Disclaimer   Privacy Policy