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TMI Blog2013 (9) TMI 148X X X X Extracts X X X X X X X X Extracts X X X X ..... enalty in accordance with factors detailed in Section 18B and required the Commissioner to pass a speaking order recording whether the facts pleaded fall within the factors enumerated in Section 18B - The matter was remitted to the Commissioner of Wealth Tax, Jalandhar to decide the petition under Section 18B of the 1957 Act afresh – order set aside – Decided in favour of Petitioner. - C. W. P. No.10215 of 1991 - - - Dated:- 5-8-2013 - Hon'ble Mr. Justice Rajive Bhalla And Hon'ble Mr. Justice Dr. Bharat Bhushan Parsoon,JJ. For the Petitioner : None For the Respondent : Mr. Vivek Sethi ORDER Rajive Bhalla, J (Oral) The petitioner prays that order dated 12.3.1991 passed by the Commissioner of Wealth Tax, Jalandhar, un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re of such particulars, and also has co-operated in any inquiry relating to the assessment of his net wealth and has either paid or made satisfactory arrangements for the payment of any tax or interest payable in consequence of an order passed under this Act in respect of the relevant assessment year. Explanation. For the purposes of this sub-section, a person shall be deemed to have made full and true disclosure of the particulars of his assets or debts in any case where the excess of net wealth assessed over the net wealth returned is of such a nature as not to attract the provisions of clause (c) of sub-section (1) of section 18. (2) Notwithstanding anything contained in sub-section (1), if in a case falling under clause (c) of sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ry of any such amount, if he is satisfied that (i) to do otherwise would cause genuine hardship to the assessee, having regard to the circumstances of the case, and (ii) the assessee has co-operated in any inquiry relating to the assessment or any proceeding for the recovery of any amount due from him. (5) Every order made under this section shall be final and shall not be called into question by any court or any other authority. (6) The provisions of this section as they stood immediately before their amendment by the Direct Tax Laws (Amendment) Act, 1989, shall apply to and in relation to any assessment for the assessment year commencing on the 1st day of April, 1988, or any earlier assessment year, and references in this section ..... X X X X Extracts X X X X X X X X Extracts X X X X
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