1982 (6) TMI 100 - AT - Wealth-tax

Summary

Issues:
Penalties under s. 18(1)(a) for late filing of wealth tax returns for asst. yr. 1969-70 and 1970-71.

Analysis:
1. The judgment deals with appeals by the assessee against penalties imposed for late filing of wealth tax returns for two assessment years. The penalties were confirmed by the AAC initially.
2. For the asst. yr. 1969-70, the assessee's contention was that he was unaware of the notices and extensions due to being out of town. The WTO imposed a penalty of Rs. 37,250 for the delay in filing the return. However, the Tribunal found that the assessee was granted an extension to file the return, and thus, the penalty for the earlier period was not justified.
3. Similarly, for the asst. yr. 1970-71, the assessee argued financial difficulties in the concerned firms as a reason for the delay in filing returns. The WTO imposed a penalty of Rs. 5,380, but the Tribunal noted that the delay was explained due to the collapse of the firms, absence of staff, and other factors.
4. The Tribunal observed that penalties for the preceding years were dropped due to similar financial difficulties faced by the assessee's firms. The Tribunal found that the penalties for the years in question were not justified based on the circumstances and explanations provided by the assessee.
5. The Tribunal concluded that the penalties imposed by the WTO were not valid considering the reasons and explanations provided by the assessee. Therefore, the appeals were allowed, and the penalties were cancelled for both assessment years.