2006 (1) TMI 461 - AT - Wealth-tax

Summary

Issues:
- Deletion of penalty under section 18(1)(c) of the Wealth-tax Act, 1957 for the assessment years 1997-98 and 1998-99.

Analysis:
- The appeals were filed by the revenue against the orders of the learned CWT(A) for deleting penalties imposed under section 18(1)(c) of the Wealth-tax Act, 1957 for the assessment years 1997-98 and 1998-99.
- The dispute arose when the assessee, along with two relatives, jointly purchased a property, with each person having a specific share. The revenue alleged that the assessee, as part of an Association of Persons (AOP), concealed wealth leading to the penalty imposition.
- The learned CWT(A) deleted the penalties based on the belief that there was no concealment of wealth. The assessee had included the proportionate share of the property in the wealth return, supported by various decisions and evidence. The department's treatment of the status as AOP was not considered as mala fide by the CWT(A).
- The Tribunal found that the assessee acted under a bona fide belief, including the property share in individual returns. The department had previously accepted the co-owners' status as individuals for wealth-tax purposes, further supporting the assessee's position.
- The Tribunal concluded that the assessee's actions were not mala fide or in conscious disregard of the law. The inclusion of the property under AOP, not co-owners, was due to differing interpretations, providing a reasonable cause for a different view.
- The Tribunal upheld the CWT(A)'s decision to delete the penalties, finding no infirmity in the order. Both appeals by the revenue were dismissed, affirming the deletion of penalties under section 18(1)(c) for the respective assessment years.