TMI Blog1985 (9) TMI 31X X X X Extracts X X X X X X X X Extracts X X X X ..... come-tax Appellate Tribunal may be directed to refer tire following question to this court : "Whether, on tire facts arid in the circumstances of the, present case, the Tribunal was justified in cancelling the penalty of Rs. 4,668 levied under section 18(1)(a) of the Wealth tax Act, 1957 ?" The facts, briefly stated, are that in respect, of the assessment year 1971-72, the assessee submitted t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Commissioner. The Tribunal, on further appeal by order dated August 23, 1980, cancelled the said penalty and allowed the appeal of the assessee. It may be mentioned that penalty was also imposed on the assessee for the assessment year 1970-71 and that penalty was also cancelled by the Tribunal by order dated August 8, 1980. Shri H. P. Gupta, the learned counsel for tire assessee, has placed befor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee had submitted that when the Maharaja died, an account of his estate was filed by the assessee and in that return the deposit, of Rs. 74,221 belonging to the assessee was shown and that, this fact was not brought to tile knowledge of the assessee earlier. The Tribunal held that from the explanation of the assessee it appeared that she was prevented from filing tile return by reasonable ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the Tribunal for reference to this court. The said application was rejected by the Tribunal by order dated April 8, 1981, on the view that no question of law arises out of the order dated August 23, 1980, passed by the Tribunal. In its order dated April 8, 1981, the Tribunal has mentioned that in respect of the assessment year 1970-71, reference application had been moved and the said applicatio ..... X X X X Extracts X X X X X X X X Extracts X X X X
|