TMI Blog1997 (3) TMI 70X X X X Extracts X X X X X X X X Extracts X X X X ..... at the assessee is an executor of the estate of the late Rani H. R. Laxmi, who died on March 7, 1980. The return of wealth as on the valuation date, i.e., March 31, 1980, was due to be filed by July 30, 1980. The said Rani H. R. Laxmi died before the valuation date after executing a will and appointing the assessee as an executor under the will, who was required to file the return relating to the wealth of the deceased. The executor did not file the return by the aforesaid date but he filed it on July 12, 1982. As there was a delay of twenty-three completed months in filing the return, a proceeding under section 18(1)(a) of the Act was initiated against the executor for imposition of penalty. Pursuant to notice the executor appeared in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g forth particulars of such net wealth and such other particulars as may be prescribed. 19A. (1) Subject as hereinafter provided, the net wealth of the estate of a deceased person shall be chargeable to tax in the hands of the executor or executors. 18. (1) If the Assessing Officer, Deputy Commissioner (Appeals), Commissioner (Appeals), Chief Commissioner or Commissioner or Appellate Tribunal in the course of any proceedings under this Act is satisfied that any person has failed to furnish the return which he is required to furnish under sub-section (1) of section 14 or by notice given under sub-section (2) of section 14 or section 17, or has failed to furnish within the time allowed and in the manner required by sub-section (1) of sect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... High Court in the case of CWT v. Smt. Banoo E. Cowasji [1985] 152 ITR 16. In both the aforesaid decisions, the court was considering the case of a legal representative which was covered by section 19 of the Act as a legal representative of a deceased person is assessable for payment of wealth-tax on the net wealth of the deceased under section 19 of the Act. Therefore, the aforesaid two decisions are quite distinguishable and can be of no avail to learned counsel appearing on behalf of the assessee for deciding the present question referred to this court. As the present case is not a case in relation to legal representatives, we refrain from expressing any opinion relating to correctness of the law laid down in the aforesaid two decisions. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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