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Issues involved: Challenge to order of CWT u/s 18(2A) of W.T. Act for penalties imposed u/s 18(1)(a) for assessment years 1966-67, 1967-68, and 1969-70 to 1972-73.
Summary: The petitioner, assessed to wealth-tax as HUF, contested penalties imposed by the CWT under s. 18(1)(a) of the W.T. Act for various assessment years. The Commissioner reduced the penalties imposed by the WTO. The petitioner filed returns late, leading to penalty notices. The petitioner sought waiver of penalties, stating voluntary disclosure of wealth and cooperation in assessment. The WTO imposed penalties without a personal hearing, later reduced by the Commissioner. The Commissioner's penalty reductions lacked a clear evaluation principle, appearing arbitrary. The Commissioner's order did not indicate a hearing for the assessee, lacking judicious exercise of power. The court held that penalties for late filing are based on laws at the due date. The penalties imposed were deemed incorrect, exceeding permissible amounts. The Commissioner's power to waive or reduce penalties must be exercised judiciously, considering all relevant factors. The Commissioner's order lacked consideration of crucial circumstances, necessitating a fresh decision after a proper hearing. The court emphasized the need for a fair and comprehensive assessment of penalties under s. 18(2A) in each case, ensuring just outcomes based on all relevant factors.
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