IN HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS 4TH DAY OF MARCH, 2020 PRESENT HON BLE MR. JUSTICE ARAVIND KUMAR AND HON BLE MR. JUSTICE HEMANT CHANDANGOUDAR W.T.A.NO.1/2019 BETWEEN: M.R. PRABHAVATHY GOKULA HOUSE GOKULA, MATHIKERE BENGALURU 560 054. APPELLANT (BY SRI. M. LAVA, ADVOCATE) AND: 1. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 1(2) BMTC BUILDING, 4TH FLOOR 6TH BLOCK, KORAMANGALA BENGALURU 560 095. 2. ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 6 (3)(1) BMTC BUILDING, 4TH FLOOR 6TH BLOCK, KORAMANGALA BENGALURU 560 095. RESPONDENTS (BY SRI. E.I. SANMATHI, ADVOCATE) THIS WEALTH TAX APPEAL IS FILED UNDER SECTION 27A OF WEALTH TAX ACT, 1957, ARISING OUT OF ORDER DATED 24.09.2018 PASSED IN 2 C.O.NO.92/BANG/2018 ARISING OUT OF WTA NO.29/BANG/2018 FOR ASSESSMENT YEAR 2008- 2009 PRAYING TO FORMULATE SUBSTANTIAL QUESTIONS OF LAW AS STATED ABOVE AND ANSWER SAME IN FAVOUR OF APPELLANT AND TO ALLOW APPEAL OF APPELLANT AND SET ASIDE FINDINGS TO EXTENT AGAINST APPELLANT IN ORDER PASSED BY INCOME TAX APPELLATE TRIBUNAL, BENCH BENGALURU IN CO. NO.92/BANG/2018 ARISING OUT OF WTA 29/BANG/2018 FOR ASSESSMENT YEAR 2008-2009 DATED 24.09.2018 VIDE ANNEXURE-A. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, ARAVIND KUMAR J, DELIVERED FOLLOWING: JUDGMENT We have heard Sri.M.Lava, learned counsel appearing for appellant and Sri.E.I.Sanmathi, learned counsel appearing for respondents. 2. We find that grounds urged, issue involved and substantial question raised in this appeal are all academic in nature, inasmuch as, substantial relief which appellant had sought for before tribunal has been granted. However, issue relating to right of Assessing Officer to issue notice under Section 17 of Wealth Tax Act, 1957, for re-opening assessment has not been dealt by tribunal, though assessee had filed 3 cross-objections. Hence, present appeal has been preferred by assessee, being aggrieved by order of rejection of cross-objections by tribunal. 3. Sri.M.Lava, learned counsel appearing for appellant is correct in contending that in event of revenue were to come in appeal against order of tribunal granting relief to assessee, appellant herein should be permitted to pursue its grievance with regard to very jurisdiction of Assessing Officer in issuing notice for re-opening. 4. issue relating to re-opening of assessment being academic in nature and as on date there being no appeal filed by revenue against grant of relief to assessee, we do not propose to go into right of Assessing Officer to reopen assessment particularly in backdrop of revenue having not filed any appeal against order of tribunal whereunder substantial relief to assessee has already been granted. As such, this appeal is dismissed/disposed of 4 with liberty to assessee to revive this appeal in event of revenue preferring or filing appeal against order of tribunal dated 24.09.2019. SD/- JUDGE SD/- JUDGE RU M.R. Prabhavathy v. Deputy Commissioner of Income-tax, Central Circle-1(2), Bengaluru / Assistant Commissioner of Income-tax, Central Circle-6(3)(1), Bengaluru