TMI Blog2016 (12) TMI 399X X X X Extracts X X X X X X X X Extracts X X X X ..... d to absurd results. Having heard learned counsel for both the sides & having perused the materials available on record and case laws cited before us, we are of the opinion that the reasoning adopted in the decisions of the Allahabad High Court in Rameshwar Prasad Versus Commissioner Of Wealth-Tax [1980 (3) TMI 78 - ALLAHABAD High Court] and Ved Prakash Narang Versus Commissioner Of Wealth-Tax [1987 (11) TMI 41 - ALLAHABAD High Court ] insofar as they interpreted the liability of a legal representative is correct, and even otherwise, we hold that the interest liability under Section 17 B of the Act cannot be fastened on a legal representative just like that. - Decided in favour of assessee - Wealth Tax Appeal No. 498, 499, 500, 501 of 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which was decided by C.I.T. Appeals on 21.2.2005, wherein the Commissioner (Appeals) took a view that the legal representative of the deceased was liable to pay interest on the amount, which has been assessed. Against this order dated 21.2.2005, the assessee filed a second appeal, which has been decided on 25.08.2006 and a concurrent view was taken by the Tribunal. Before the Tribunal, the assessee sought to rely on two decisions of this Court, namely, Rameshwar Prasad Vs. Commissioner of Wealth Tax reported in [1980] 124 ITR page 77. A Division of this Court followed later by another Division Bench decision of this Court in the case of Ved Prakash Narang Vs. Commissioner of Wealth Tax reported in [1988], 172 ITR page 184 wherein, whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er] has reason to believe to be incorrect or incomplete, the [Assessing Officer] may make an assessment of the net wealth of such person and determine the wealth-tax payable by the person on the basis of such assessment, and for this purpose may, by the issue of the appropriate notice which would have had to be served upon the deceased person if he had survived, require from the executor, administrator or other legal representative of the deceased person any accounts, documents or other evidence which might under the provisions of section 16 have been required from the deceased person. (3) The provisions of section 14, 15 and 17 shall apply to an executor, administrator or other legal representative as they apply to any person referred ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pose of this section. Explanation 4.- In this sub-section, tax payable on the net wealth as determined under sub-section (1) of section 16 or on regular assessment shall, for the purpose of computing the interest payable under section 15B, be deemed to be tax payable on the net wealth as declared in the return. (2) The interest payable under sub-section (1) shall be reduced by the interest, if any, paid under section 15B towards the interest chargeable under this section. (3) Where the return of net wealth for any assessment year, required by a notice under sub-section (1) of section 17, issued after the determination of net wealth under sub-section (1) of section 16 or after the completion of an assessment under sub-sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd the provisions of this Act shall apply accordingly, and (ii) in a case where the interest is reduced, the excess interest paid, if any, shall be refunded. (5) The provisions of this section shall apply in respect of assessments, for the assessment year commencing on the 1st day of April, 1989 and subsequently assessment years. Learned Counsel for the appellant has sought to argue that Section 19(1) of the Act deals with the liabilities of a legal representatives and upon an analysis of the said sections he argues that Section 19(1) would have no application in the case of the present appellant for reasons that it contemplates that the wealth tax and any other sum under the said provision would be payable by the legal repre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he proviso to Section 19 (3) of the Act would include Section 17 (B) of the Act , as Section 17 of the Act is there. But, this argument is not acceptable, at all. Section 17 (B) of the Act is a special provision imposing a fresh kind of liability on a tax payer. Taxing statutes are to be strictly construed as the legislature intended to include Section 17 (B) of the Act, in proviso to Section 19 (3) of the Act, it would have been done so. It can not be included by way of presumption or any kind of false intendment. It is settled law that a fiscal statute has to be strictly construed. It is the plain language of the provision, which has to be preferred and specially where the language is plain and is capable of one definite meaning, stric ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
