1985 (9) TMI 31

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..... ealth-tax Act, whereby the Revenue has prayed that the Income-tax Appellate Tribunal may be directed to refer tire following question to this court : "Whether, on tire facts arid in the circumstances of the, present case, the Tribunal was justified in cancelling the penalty of Rs. 4,668 levied under section 18(1)(a) of the Wealth tax Act, 1957 ?" The facts, briefly stated, are that in respect, o .....

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..... nalty was affirmed in appeal by the Appellate Assistant Commissioner. The Tribunal, on further appeal by order dated August 23, 1980, cancelled the said penalty and allowed the appeal of the assessee. It may be mentioned that penalty was also imposed on the assessee for the assessment year 1970-71 and that penalty was also cancelled by the Tribunal by order dated August 8, 1980. Shri H. P. Gupta, .....

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..... ble and that as regards the deposits of Rs. 74,221, the assessee had submitted that when the Maharaja died, an account of his estate was filed by the assessee and in that return the deposit, of Rs. 74,221 belonging to the assessee was shown and that, this fact was not brought to tile knowledge of the assessee earlier. The Tribunal held that from the explanation of the assessee it appeared that she .....

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..... lled the penalty. The Revenue filed a petition before the Tribunal for reference to this court. The said application was rejected by the Tribunal by order dated April 8, 1981, on the view that no question of law arises out of the order dated August 23, 1980, passed by the Tribunal. In its order dated April 8, 1981, the Tribunal has mentioned that in respect of the assessment year 1970-71, referen .....

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..... nd circumstances of the case, the Tribunal has field that the said explanation given by the assessee was reasonable and tile assessee acted bona fide in not filing the return till November, 1971. In our opinion, therefore, no ground is made out for directing the Tribunal to refer to this court the question mentioned in the application. The application is, therefore, dismissed. No order as to costs .....

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