9911796707
TMI Blog1987 (1) TMI 169X X X X Extracts X X X X X X X X Extracts X X X X ..... 1970-71 30-6-70 13-9-79 6,525 1971-72 30-6-71 22-12-78 35,762 1972-73 30-6-72 22-12-78 24,230 1973-74 30-6-73 22-12-78 19,836 1974-75 30-6-74 22-12-78 12,748 The returns of the above five assessment years were filed by the assessee only after action had been taken by the WTO under the provisions of s. 17 of the WT Act, 1957. It was contended before the WTO that the appellant was an agriculturist and not aware of the provisions of Wealth-tax law and his liabilities thereunder. It was further stated that the appellant was over 90 years of age and had been suffering from a number of ailments and, therefore, he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ayed the filing of the returns entailing very large amounts of penalties. Mr. Sapra has further submitted that the assessee was in fact not keeping good health and that ultimately he died soon after the penalty orders were passed. According to him, his indifferent health should be constructed as reasonable cause for delay in furnishing the returns. It is next contended by Shri Sapra that even if the assessee's explanation regarding the reasonable cause in filing of the return was not acceptable, the Department had failed to show any deleberateness on the part of the assessee in not filing returns of wealth in time and, therefore, for that reason also the penalties were not exigible under the provisions of s. 18(1) (a) of the WT Act, 1957. L ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... port of this contention Smt. Manjari Kakkar has placed reliance on the decision of the Hon'ble Allahabad High Court in the case of Kunj Beharilal Lalta Prasad vs. ITO Ors. (1983) 144 ITR 583 (All). 5. We have considered the rival submissions. We have also gone through the orders passed by the WTO and the common order passed by the AAC upholding the levy of penalties. We have gone through the explanations which had been given before the WTO and the AAC pleading that no penalty should be imposed. We have gone through the paper book submitted on the side of the assessee and the various decisions on which reliance has been place by Shri C.P. Sapra, ld. authorised counsel of the assessee and in particular through the decision of the Hon'ble ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... years 1978-79, only after notices under s. 17 had been issued. The onus of establishing that there was no reasonable cause did not lie on the Revenue as held by the Hon'ble Allahabad High Court in the case of Kunj Beharelal Lalta Prasad (1983) 144 ITR 583 (All) and, therefore, we would not be able to accept the representation made by the ld. authorised counsel of the assessee that penalties were not exigible under the provisions of s. 18(1) (a). The assessee alleged inability to file the returns in time for any of the reasons mentioned by the ld. Authorised counsel of the assessee remains unsubstantiated and, therefore, we would hold that the penalties were exigible under the provisions of s. 18(1)(c). At the same time we shall hold that t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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