1983 (4) TMI 87 - AT - Wealth-tax

Summary

Issues:
- Reduction of penalty by AAC
- Concealment of net wealth
- Justification of penalties

Reduction of penalty by AAC:
The appellate tribunal heard cross-appeals by the revenue and the assessee against the AAC's orders reducing penalties under section 18(1)(c) of the Wealth Tax Act for the assessment years 1974-75 and 1975-76. The revenue contended that the reduction was unjustified, while the assessee challenged the sustained penalties. The original assessments were revised by the WTO based on returns filed by the assessee, which included previously undeclared assets. The AAC upheld penalties for the concealed net wealth, leading to the appeals.

Concealment of net wealth:
The WTO added undisclosed assets to the net wealth of the assessee for both assessment years, alleging concealment. The assessee had voluntarily filed revised returns declaring the previously omitted assets, leading to reassessments and penalty notices under section 18. The AAC considered the differences in asset valuation as concealed net wealth and upheld the penalties. However, the tribunal found that the assessee's actions were not indicative of intentional concealment but rather a genuine mistake, as evidenced by the voluntary disclosure of income from the same assets for income tax purposes.

Justification of penalties:
After careful consideration, the tribunal concluded that there was no justification for sustaining the penalties. The assessee's voluntary filing of revised returns to correct the omissions, along with the disclosure of income from the assets for income tax assessments, demonstrated good faith. The tribunal found no evidence of intentional concealment and deemed the penalties unwarranted. Consequently, the tribunal allowed the assessee's appeals and dismissed those of the revenue, deleting the imposed penalties.