9911796707
TMI Blog2002 (1) TMI 8X X X X Extracts X X X X X X X X Extracts X X X X ..... as not paid the admitted tax due on the net wealth returned by him. Therefore, the Commissioner of Wealth-tax (Appeals) had no competence to entertain the appeal and it was rightly dismissed in limine. - we hold that the Tribunal was justified in rejecting the appeals. X X X X Extracts X X X X X X X X Extracts X X X X ..... lief they went in second appeal before the Tribunal. But there also they could not succeed. In the memo of appeal the following four questions have been raised: "1. Whether, on the facts and in the circumstances of the appellant's case, the Tribunal is justified in holding that the interest under section 17B of the Act is mandatory and not discretionary? 2. Whether, on the facts and in the circumstances of the appellant's case, the Tribunal was right in law in holding that interest under section 17B of the Act is required to be levied? 3. Whether, on the facts and in the circumstances of the appellant's case, the Tribunal was right in law in holding that omission to levy interest under section 17B of the Act is a mistake apparent on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . In the present case, admittedly, belated returns were filed. Therefore, pursuant to the legislative mandate, they became liable to pay the interest. No discretion had been vested in the Wealth-tax Officer to waive or reduce the same. As of fact, after completion of the assessment the Wealth-tax Officer as required to issue demand notice straightaway asking for payment of w interest in terms of section 17B(1) of the Act. It is not a case of any mistake apparent on the face of the record because even after completion of the assessment the demand notice asking for interest could have been issued. Learned counsel for the appellant has submitted that in relation to the assessment made under section 17 of the Act the provisions of levy of int ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tutory interest mandatory." Question No. 4 pertains to maintainability of the assessee's appeal before the Commissioner of Wealth-tax (Appeals). The Commissioner of Wealth-tax (Appeals) had dismissed the appeal filed by the assessee on the ground that they had not paid even the admitted tax. The Tribunal has held that keeping in view the provisions contained in section 23(2A) of the Act he was justified in dismissing the appeal. Section 23(2A) of the Act reads as under: "(2A) Where a return has been filed by an assessee, no appeal under this section shall be admitted unless at the time of filing of the appeal he has paid the tax due on the net wealth returned by him." The above provision is clearly mandatory in nature. It mandates that a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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