1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2035 OF 1991 Hill Properties Ltd & Anr .. Petitioner versus Mr.Bharat Tripathi & ors., .. Respondents ... Mr. Harvinder Toor with Mr.Anoshak Daver and Mr.Yuvraj K. Singh i/b Crawford Bailey & Co. for the petitioners. Mr. P.S. Sahadevan for respondents. CORAM : F. I. REBELLO AND D.G. KARNIK, JJ DATED : 7th September 2009 P.C:- 1. The matter pertained to Assessment Year 1984-85. Assessment was completed. Respondents sought to re-open the assessment after a period of four years considering section 40 of the Finance Act 1983. The Supreme Court in Commissioner of Wealth Tax Vs. Sharvan Kumar Swarup And Sons, 210 ITR 886 has held that Valuation Officer should value the property considering Rule 1 BB of the Wealth Tax Rules. 2 2. Considering the above, in our opinion, the notice issued to the petitioner for re-opening the assessment will have to be quashed as being without jurisdiction. 3. Consequently, rule made absolute in terms of prayer clause (C) which reads as under:- (c) that this Hon’ble Court may be pleased to issue a Writ of Certiorari or a Writ in the nature of Certiorari or any other appropriate Writ, Order or Direction under Article 226 of the Constitution of India, calling for the record of the Petitioners’ case leading to the issue of the impugned Notice dated 25th March 1991 (being Ex.”C” hereto) and after examining the validity and legality thereof to quash, cancel and set aside the said impugned Notice issued under section 17 of the Act dated 25th March 1991 (being Ex.”C” hereto). (D.G. KARNIK, J) (F.I. REBELLO, J)