- (1.) THIS judgment will dispose of C. W. Ps. Nos. 979 and 1052 of 1979 as these petitions involve common questions of law and fact.
(2.) REFERENCE to the facts of C. W. P. No. 979 of 1979 would suffice to appreciate the nature of the dispute involved in these petitions. Wealth-tax on agricultural lands was imposed for the first time from the assessment year 1970-71, but the statutory enactment regarding imposition of this tax in the State of Punjab was held ultra vires the Constitution by this court. Later, on an appeal filed by the Union of India in the Supreme Court, the judgment of this court was reversed. The provisions for imposition of wealth-tax on agriculturists in Punjab thus became applicable with effect from the assessment year 1970-71. The agriculturists were, however, given concession to submit their returns on or before February 28, 1972, for the assessment years 1970-71 and 1971-72. The Wealth-tax Officer issued a notice to the petitioner under Section 17 of the Wealth-tax Act under date October 30, 1972/november 22, 1972, which was served on him on April 22, 1974. The proceedings were initiated on a survey report of the Inspector, much earlier to the service of the notice. He submitted his wealth-tax return on August 13, 1974, showing net wealth below the taxable limit. According to him, subsequently it came to his knowledge that his share in the agricultural lands was not 1/4th but in fact it was 3/10ths. He, therefore, submitted a revised return on March 17, 1977, showing net wealth of Rs. 1,44,420. The assessment was completed by the Wealth-tax Officer on March 25, 1977, on a total net wealth of Rs. 1,48,000 and penalty proceedings under Section 18 (1) (a) of the Wealth-tax Act, 1957 (hereinafter called "the Act"), were started against him. He submitted his reply in those proceedings which were dropped.
(3.) AS regards the assessment year 1971-72, in response to the notice served on him on April 22, 1974, he submitted the wealth-tax return on August 13, 1974, showing his wealth below the taxable limit. However, on noticing the mistake mentioned above, he submitted a revised return on March 17, 1977, showing net wealth of Rs. 1,46,900. The assessment was completed on March 31, 1977, computing net wealth at Rs. 1,50,000 by taking the value of the agricultural land at Rs. 3,000 per acre of Barani as per the last assessment year instead of Rs. 2,500 per acre as mentioned in the return. Penalty proceedings under Section 18 (1) (a) of the Act though initiated were later on dropped on a reply submitted by him. Again, for the assessment year 1972-73, he submitted the wealth-tax return suo motu on August 13, 1974, showing net wealth of Rs. 91,059, which was below the taxable limit. The Wealth-tax Officer was alleged to have issued to him notice under Section 14 (2) or 17 of the Act which he alleges could not be served on him. Later on, he submitted a revised return on March 17, 1977, on noticing the mistake mentioned above as regards his share in the agricultural land and returned his net wealth at Rs. 1,45,900. The assessment was completed on March 25, 1977, on net wealth of Rs. 1,49,000. Penalty proceedings were initiated against him under Section 18 (1) (a) of the Act. However, with regard to the assessment year 1973-74, without having received any notice under Section 14 (2) or 17 of the Act, he suo motu submitted his wealth-tax return on August 13, 1974, showing net wealth of Rs. 84,059. He submitted a revised return on March 17, 1977, showing net wealth of Rs. 1,38,900. The assessment was completed on March 25, 1977, on the total net wealth of Rs. 1,42,000. The value of the agricultural land was taken at Rs. 3,000 instead of Rs. 2,500 per acre as shown by him in his return. Penalty proceedings under Section 18 (1) (a) of the Act were initiated against him. For the assessment year 1974-75 again without receiving any notice under Section 14 (2) of the Act, he suo motu submitted wealth-tax return on August 13, 1974, showing net wealth of Rs. 83, 854. Later on, detecting the mistake with regard to his share in the agricultural land, he submitted a revised return on March 17, 1977, showing net wealth of Rs. 1,69,595. The assessment was completed on March 25, 1'977, on the net wealth of Rs. 1,73,000. Penalty notice under Section 18 (1) (a) of the Act was served on him. For the assessment year 1975-76, he submitted his wealth-tax return on December 24, 1976, in the status of a Hindu undivided family, for self and for his wife as he was married on March 2, 1975, without receiving any notice under Section 14 (2) or 17 of the Act showing net wealth of Rs. 35,559, which was much below the taxable limit. Later on, when the mistake with regard to his share in the agricultural land was detected, he submitted a revised return on March 17, 1977, showing net wealth of Rs. 1,21,300. The assessment of wealth in the hands of his mother and sister was completed. He submitted yet another revised wealth-tax return on May 11, 1977, showing net wealth of Rs. 2,88,875 by taking the value of the Nehri agricultural land at Rs. 8,000 per acre as has been assessed in the case of his mother and sister instead of Rs. 5,500 per acre as shown in his earlier return. Likewise, the value of Barani land was also revised on the above basis to Rs. 4,500 instead of Rs. 3,000 per acre as originally shown. The assessment was completed on September 29, 1977, on the total wealth of Rs. 3,71,800. Penalty notice under Section 18 (1) (a) of the Act was issued to him. For the assessment year 1976-77, without receiving any notice under Section 14 (2) of the Act, he suo motu submitted his wealth-tax return on December 24, 1976, showing net wealth of Rs. 1,62,613 which was below the taxable limit. He submitted a revised return on March 17, 1977, showing net wealth of Rs. 2,80,013 on detecting the mistake with regard to his share in the agricultural land. He again revised his return on the basis of the enhancement of the value of Nehri and Barani lands by the Wealth-tax Officer in the assessment cases of his mother and sister and submitted the same on May 11, 1977. The assessment was completed on September 22, 1977, on a total wealth of Rs. 3,46,400. Penalty proceedings under Section 18 (1) (a) of the Act were initiated against him.;