Prithipal Singh ( Dead ) Through Lrs. Vs. Commissioner of Wealth Tax
EmailAppeal: Civil Appeal No. 862 of 1987
Petitioner: Prithipal Singh ( Dead ) Through Lrs.
Respondent: Commissioner of Wealth Tax
Apeal: Civil Appeal No. 862 of 1987
Judges: SUJATA V. MANOHAR & G.B. PATTANAIK , JJ.
Date of Judgment: May 05, 1998
Head Note:
WEALTH TAX
Wealth Tax Act, 1957
Section 18(1)(a) , 18-B and 14(2) – Penalty – Returns filed volun-tarily and before notices under Section 14(2) – Tax involved only Rs. 7000/- – Held that under the circumstances , penalty should have been reduced to 50% . Appeal allowed . ( Para 3 )
JUDGEMENT:
O R D E R
1 . Leave has been granted in the present appeal in respect of the question of penalty imposed on the appellant under Section 18(1)(a) of the Wealth Tax Act , 1957 which was not waived and/or reduced under Section 18-B of the Wealth Tax Act by the Commis-sioner .
2 . The assessment years involved are 1972-73 up to 1975-76 . For Assessment Year 1971-72 , this Court has declined leave . Hence , we are not concerned with Assessment Year 1971-72 . Penalty has been imposed under Section 18(1)(a) on account of the appellant’s failure to furnish a return of wealth tax within the time allowed in the relevant assessment years . The delay ranges from 10 months to 34 months The penalty which is levied has been calculated on the basis of half per cent for every month of delay . The total amount of penalty levied for these assessment years comes to Rs. 28 ,366 .
3 . In his petition under Section 18-B the assessee contended that penalty should be waived because he had voluntarily and in good faith made full disclosure of his net wealth by filing the wealth tax returns for the relevant assessment years prior to issuance of any notice under Section 14(2) . He had also cooperated in the enquiry relating to the assessment proceedings for the said assessment years . The Commissioner , in this connec-tion , has observed that the assessee had obtained several ad-journments on various grounds , some of which related to obtaining a valuation report . Looking to the series of adjournments , the Commissioner felt that the assessee had failed to cooperate with the Department . In view of the facts and circumstances of the present case , and the conduct of the assessee as set out in the Commissioner’s order , the Commissioner was perhaps a little too harsh in not reducing the amount of penalty ; specially when the total tax involved in all these assessment years was only about Rs. 7000 . The assessee had voluntarily filed the wealth tax re-turns before the issuance of any notice under Section 14(2) . Looking to all the circumstances , this is a fit case where penal-ty should have been reduced to 50 per cent of what has been levied . It is ordered accordingly . The appeal is thus allowed . There will , however , be no order as to costs .
1 . Leave has been granted in the present appeal in respect of the question of penalty imposed on the appellant under Section 18(1)(a) of the Wealth Tax Act , 1957 which was not waived and/or reduced under Section 18-B of the Wealth Tax Act by the Commis-sioner .
2 . The assessment years involved are 1972-73 up to 1975-76 . For Assessment Year 1971-72 , this Court has declined leave . Hence , we are not concerned with Assessment Year 1971-72 . Penalty has been imposed under Section 18(1)(a) on account of the appellant’s failure to furnish a return of wealth tax within the time allowed in the relevant assessment years . The delay ranges from 10 months to 34 months The penalty which is levied has been calculated on the basis of half per cent for every month of delay . The total amount of penalty levied for these assessment years comes to Rs. 28 ,366 .
3 . In his petition under Section 18-B the assessee contended that penalty should be waived because he had voluntarily and in good faith made full disclosure of his net wealth by filing the wealth tax returns for the relevant assessment years prior to issuance of any notice under Section 14(2) . He had also cooperated in the enquiry relating to the assessment proceedings for the said assessment years . The Commissioner , in this connec-tion , has observed that the assessee had obtained several ad-journments on various grounds , some of which related to obtaining a valuation report . Looking to the series of adjournments , the Commissioner felt that the assessee had failed to cooperate with the Department . In view of the facts and circumstances of the present case , and the conduct of the assessee as set out in the Commissioner’s order , the Commissioner was perhaps a little too harsh in not reducing the amount of penalty ; specially when the total tax involved in all these assessment years was only about Rs. 7000 . The assessee had voluntarily filed the wealth tax re-turns before the issuance of any notice under Section 14(2) . Looking to all the circumstances , this is a fit case where penal-ty should have been reduced to 50 per cent of what has been levied . It is ordered accordingly . The appeal is thus allowed . There will , however , be no order as to costs .
