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Calculation of penalty for failure to file wealth-tax return within the prescribed time. Analysis: The judgment pertains to references made by the Income-tax Appellate Tribunal regarding the quantum of penalty for failing to file wealth-tax returns on time. The central issue was whether the penalty should be calculated based on the law in force at the time the return was due to be filed or as per subsequent amendments. The court examined Sections 14(1) and 18(1) of the Wealth-Tax Act, emphasizing the requirement to furnish returns by a specified date and the imposition of penalties for failure without reasonable cause. The court highlighted that the penalty is linked to the failure to submit the return within the stipulated timeframe, which is typically by June 30 or any extended deadline. The penalty is triggered on the expiry of the last date for filing the return. The judgment clarified that the penalty calculation should align with the law in effect on the deadline date, unless there is a specific provision stating otherwise. The court rejected the argument that subsequent amendments could alter the penalty calculation retroactively, emphasizing that the liability is determined based on the law at the time of the default. The court drew support from precedents in similar tax cases, including decisions from the High Courts of Madras, Allahabad, and Andhra Pradesh, to reinforce its stance on penalty calculation based on the law prevailing at the deadline for filing the return. Ultimately, the court concluded that the quantum of penalty should be determined according to the law applicable on the last date for filing the return for the relevant assessment year. The judgment directed that each party would bear its own costs in the matter.
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