2001 (2) TMI 101 - HC - Wealth-tax

Summary

Issues:
Application for waiver of penalty under the Wealth-tax Act for assessment years 1970-71, 1976-77, and 1977-78.

Analysis:
The writ petition challenged the Commissioner's order imposing penalties for late filing of returns. The petitioner argued that full and true disclosure was made voluntarily before notice under section 14(2) of the Act, satisfying conditions under section 18B(1)(b) for penalty waiver. The petitioner contended that penalty should not be equated with tax, citing relevant case law. The Commissioner's reasons for penalty imposition were deemed erroneous, especially for the assessment year 1970-71, where the notice under section 17 was incorrectly cited. The petitioner had paid taxes, and non-payment of penalty should not be a decisive factor.

The Commissioner's decision was challenged for not properly considering whether returns were filed before notice under section 14(2) for the assessment years 1976-77 and 1977-78. The Commissioner equated outstanding demands with non-disclosure, which was deemed irrelevant to the penalty waiver application. The petitioner had fulfilled conditions under section 18B, warranting penalty waiver. The Commissioner's reasoning was found to be patently absurd, leading to the set-aside of the impugned order and the waiver of penalties. The judgment emphasized the Commissioner's duty to exercise discretion when conditions for penalty waiver are met, as outlined in section 18B.