1981 (11) TMI 11 - HC - Wealth-tax

Summary

Issues:
Competence of Appellate Assistant Commissioner to entertain appeal against penalty imposed under section 18(1)(a) of the Wealth Tax Act, 1957.

Detailed Analysis:

The case involved a reference under section 27(1) of the Wealth Tax Act, 1957, regarding the competence of the Appellate Assistant Commissioner (AAC) to entertain an appeal against a penalty imposed under section 18(1)(a). The assessee had filed a return for the assessment year 1971-72, but a penalty was imposed for late filing without reasonable cause. The Commissioner rejected the application for waiver of penalty, and the AAC allowed the appeal against the penalty. However, the Tribunal set aside the AAC's order, stating that the AAC had no jurisdiction to entertain the appeal as the Commissioner had refused to waive the penalty.

The court emphasized that an assessee is liable for penalty under section 18(1)(a) when the return is filed late without reasonable cause. The jurisdiction of the Wealth Tax Officer (WTO) to impose a penalty is distinct from the Commissioner's jurisdiction to waive or reduce the penalty under section 18(2A). The court highlighted that the considerations for waiving the penalty under section 18(2A) are different from those for imposing the penalty by the WTO. The court clarified that the refusal by the Commissioner to waive the penalty does not imply the absence of reasonable cause for late filing, as this question falls under the WTO's purview.

The court relied on the provisions of section 18(2A) and established that the right to appeal against an order imposing a penalty by the WTO remains effective even if the Commissioner refuses to waive the penalty. The court disagreed with the Tribunal's decision and held that the AAC was competent to entertain the appeal against the penalty. The court supported its decision by citing judgments from the Karnataka, Madras, and Delhi High Courts, emphasizing the distinction between the roles of the WTO and the Commissioner in penalty matters.

In conclusion, the court ruled that the Tribunal was not justified in holding that the AAC lacked the competence to entertain the appeal against the penalty imposed under section 18(1)(a) of the Wealth Tax Act, 1957. The court provided a detailed analysis of the jurisdictional aspects and upheld the right of the assessee to challenge the penalty order through the appropriate appellate channels.