1981 (12) TMI 77 - AT - Wealth-tax

Summary

Issues:
Appeal against penalty order u/s 18(1)(a) of the Wealth-tax Act for delay in filing return for the asst. yr. 1973-74.

Detailed Analysis:

1. The appeal was filed against the order of the AAC Wealth-tax confirming the penalty imposed by the WTO under section 18(1)(a) of the Wealth-tax Act for a delay of 22 months in filing the return for the assessment year 1973-74. The WTO noted that the return could have been filed by 15th August, 1973, but was actually filed on 4th July, 1975. The penalty of Rs. 1,507 was imposed by the WTO, which was later confirmed by the AAC.

2. The assessee contended that there was a reasonable cause for the delay in filing the return, as she believed her wealth was below the taxable limit due to personal use ornaments not being included. The return was filed in compliance with a notice issued by the WTO u/s 17, received on 2nd July, 1975. The assessee argued that the penalty was erroneously imposed without appreciating the facts of the case and that the AAC erred in confirming it.

3. Upon review, it was found that the returned wealth was marginal, and the return was filed in compliance with the notice issued by the WTO u/s 17. The AAC's finding that the return for the previous year was filed voluntarily on 4th July, 1975, was incorrect as it was filed in response to a notice issued by the WTO u/s 17 for that year as well.

4. Considering the facts and submissions, it was concluded that there was no justification for the penalty imposition. The penalty orders sustained by the AAC were canceled, and the appeal by the assessee was allowed in full.

In conclusion, the appellate tribunal found in favor of the assessee, canceling the penalty imposed for the delay in filing the wealth tax return for the assessment year 1973-74, as there was a reasonable cause for the delay and the return was filed in compliance with the notice issued by the tax authorities.