mgn IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 3742 OF 1990 Vinod V. Parekh ....Petitioner Vs, R.B. Budhrani, Valuation Officer, Unit VIII, Bombay & Ors. .....Respondents Mr.A.K.Jasani, for the Petitioner. Mr. P.S. Sahadevan, for the Respondents. CORAM : F.I. REBELLO & J.H. BHATIA, JJ. DATED : 12TH OCTOBER, 2009 P.C. The petitioner had approached this Court and sought by way of prayer that the Reference and impugned order dated 19th September, 1990 for the assessment year 1981-82 to 1985-86 be set aside and the Reference and impugned order dated 19th September, 1990 and the re- assessment proceedings taken, if any, pursuant thereto be also set aside and also other consequential reliefs. 2. We find that there are five assessment years involved viz. 1981-82, 1982-83, 1983-84, and 1985-86. 3. In so far as assessment years 1981-82 to 1983-84 the Reference to the Valuation Officer was made after the assessment was completed. Considering the judgment of this Court in Commissioner of Wealth Tax vs. Sona Properties (P) Ltd., 216 CTR (Bom) 217 this would be clearly without jurisdiction and consequently Reference in respect of the assessment year 1981-82, 1982-83 and 1983-84 are liable to be set aside and accordingly set aside. 4. In so far as assessment year 1984-85 and 1985-86 is concerned, the Reference is during the pendency of the proceedings. That was within jurisdiction. Learned Counsel for the petitioner, however, contends that the learned Valuation Officer has followed the land and value method and not the rent capitalisation method which ought to have been considered considering that it is a property of the partnership. The proceedings are still pending before the W.T.O. In the light of that we do not propose to go into the merits of the said contention, but leave it open to be argued before the W.T.O., in so far as the proceedings for the assessment year 1984-85 and 1985-86 are concerned. Rule to that extent partly made absolute. There shall be no order as to costs. (J.H. BHATIA, J.) (F.I. REBELLO,J.)