1980 (10) TMI 99 - AT - Wealth-tax

Summary

Issues Involved:
1. Legality of the Commissioner of Wealth Tax (CWT) cancelling the Wealth Tax Officer's (WTO) penalty orders.
2. Authority of the CWT to impose penalties after cancelling the WTO's orders.
3. Procedural correctness in issuing penalties without proper notice and opportunity to the assessee.

Issue-wise Detailed Analysis:

1. Legality of the CWT Cancelling the WTO's Penalty Orders:
The primary issue was whether the CWT was justified in cancelling the penalty orders made by the WTO under Section 18(1)(a) of the Wealth Tax Act, 1957. The WTO had initially dropped the penalty proceedings for the assessment year 1969-70 and levied a nominal penalty for the assessment year 1970-71. The CWT reviewed these decisions and found them erroneous and prejudicial to the interest of revenue. The CWT noted that the WTO had applied the amended provisions of Section 18(1) incorrectly, leading to an erroneous calculation of penalties. The CWT issued a notice under Section 25(2) of the Act, stating that the penalty orders were not in accordance with the provisions of law and proposed to modify them.

2. Authority of the CWT to Impose Penalties After Cancelling the WTO's Orders:
The CWT's authority to impose penalties was challenged on the grounds that Section 25(2) did not empower the CWT to levy penalties himself after cancelling the WTO's orders. The assessee's counsel argued that the CWT could only direct the WTO to make fresh orders but could not impose penalties directly. The Tribunal found merit in this argument, stating that the CWT's powers under Section 25(2) were not of such amplitude to allow him to cancel the WTO's orders and impose penalties himself. The Tribunal emphasized that the CWT could only modify the penalties or direct the WTO to make fresh orders but could not assume the role of imposing penalties directly.

3. Procedural Correctness in Issuing Penalties Without Proper Notice and Opportunity to the Assessee:
The Tribunal also examined whether the CWT followed the correct procedure in imposing penalties. It was noted that the CWT did not issue a separate notice under Section 18(2) to provide the assessee with a reasonable opportunity of being heard before imposing the penalties. The Tribunal highlighted that Section 18(2) mandates giving the concerned person a reasonable opportunity of being heard before making any penalty order. The Tribunal found that the CWT's actions violated the principles of natural justice, as the assessee was not given proper notice or an opportunity to present their case regarding the imposition of penalties.

Conclusion:
The Tribunal concluded that the CWT's order was not sustainable for multiple reasons. Firstly, the CWT did not have the authority under Section 25(2) to impose penalties directly after cancelling the WTO's orders. Secondly, the CWT failed to follow the procedural requirements of issuing a separate notice and providing a reasonable opportunity of being heard to the assessee. Consequently, the Tribunal entirely cancelled the CWT's order and restored the original orders made by the WTO for the assessment years 1969-70 and 1970-71. The appeals were allowed in favor of the assessee.