PRAKASHCHAND BAHETY HUF Vs. ASSISTANT COMMISSIONER OF WEALTH TAX SUSHILKUMAR BAHETI HUF V ASSTT CWT WTA NOS 59 TO 62/IND/1990; ASST YRS 1978 79 TO 1981 82 GOVINDLAL BAHETI HUF V ASSTT CWT WTA NOS 63 TO 66/IND/1990; ASST YRS 1978 79 TO 1981 82 RAMKISHAN BAHETI HUF V ASSTT CWT WTA NO 67/IND/1990; ASST YR 1978 79
LAWS(IT)-1994-12-7
INCOME TAX APPELLATE TRIBUNAL
Decided on December 20,1994

Appellant
VERSUS
Respondents

JUDGEMENT

SATISH CHANDRA, A.M. : - (1.) SINCE common issue is involved in all these appeals, these are disposed of by this common order.
(2.) All these appeals filed by the above assessees are directed against the orders dt. 16th February, 1990 passed by the learned Dy. CWT(A), Indore Range, Indore, and pertain to the asst. yrs. 1978-79 to 1981-82 except in the case of Shri Ramkishan Baheti (HUF) which pertains to the asst. yr. 1978-79 only. The assessees have taken the following common grounds : (i) The order of learned Dy. CWT(A) confirming validity and the levy of penalty under s. 18(1)(a) vide order dt. 28th March, 1989 for the past default found in assessment order dt. 3rd October, 1984 on wealth assessed therein on the basis of reinitiation of penalty proceedings under s. 18(1)(a) on 24th March, 1987 is erroneous and bad in law as the levy of penalty has already become barred by time limitation. (ii) The direction of learned Dy. CWT(A) to recalculate levy of penalty under s. 18(1)(a) on past default upto 19th October, 1983 found in order dt. 3rd October, 1984 on wealth assessed therein now is invalid in law. (iii) The learned Dy. CWT(A) has erred in directing to levy penalty under s. 18(1)(a) without approving the reasonable cause for delay in filing the return of wealth within statutory time." The facts in brief are that the returns of wealth were due on 30th June, 1978, 30th June, 1979, 30th June, 1980 and 30th June, 1981 for the asst. yrs. 1978-79, 1979-80, 1980-81 and 1981-82, respectively. The returns were filed on 19th October, 1983. The returns were late within the meaning of s. 14(1) of the WT Act, 1957. The assessments for all the assessment years were completed on 3rd October, 1984 and the Assessing Officer initiated penalty proceedings under s. 18(1)(a) of the Act for all these years.
(3.) AFTER the completion of the original assessments the assessees filed revised returns of wealth for all the assessment years involved on 30th September, 1986 under the amnesty scheme. The Assessing Officer issued notices under a. 17(1)(a) for all the assessment years and completed the reassessments on 24th March, 1987 and initiated penalty proceedings under s. 18(1)(a) for original default upto the date of filing the original returns. Vide order sheet entry dt. 30th March, 1987 the Assessing Officer dropped the penalty proceeding initiated under s. 18(1)(a) originally on the ground that the assessment in all the years involved had been reopened under s. 17 of the Act.;


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