9911796707
TMI Blog1978 (1) TMI 100X X X X Extracts X X X X X X X X Extracts X X X X ..... enatlies levied by the WTO under s. 18(1)(a) of the WT Act for assessee's default in filing the Wealth-tax returns for asst. yrs. 1967-68 to 1971-72 in time. 2. The short point raised by the learned Sr. Departmental Representative before us in all these appeals is that the appeals were not maintainable before the AAC as the CWT had earlier passed a composite order on assessee's applications under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) Michael Fernandes vs. CWT (1974) 95 ITR 532 (Mys) (2) Shakuntala Mehra vs. CWT (1976) 102 ITR 301 (Del) 4. We have examined the decisions cited by the respondent's learned counsel and though some observations made by the Courts indicate that the powers conferred on the CWT under s. 18(2A) and on the WT Act are different, there is no decision on the specific issue raised before us, viz. whether ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ave been filed by the learned Departmental Representative. Since there is no decision of a High Court to the contrary, we have to follow the decision of the larger Bench of the Tribunal and we hold that the AAC was not competent to entertain the appeals and cancel penalties. 5. For asst. yr. 1971-72, there is one distinguishing point but for reasons which we will presently give, it will not make ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (1977) Tax 49 (6)-39). 6. The contention of the assessee cannot be accepted. The fact that the assessee was not considered eligible for the relief because he did not fulfil one of the conditions entitling him to the relief under s. 18(2A) of the Act did not mean that the CIT had no jurisdiction to entertain the application. It was not a case of Jurisdiction but exercise of jurisdiction. The fact ..... X X X X Extracts X X X X X X X X Extracts X X X X
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