9911796707
TMI Blog1986 (3) TMI 48X X X X Extracts X X X X X X X X Extracts X X X X ..... this tax in the State of Punjab was held ultra vires the Constitution by this court. Later, on an appeal filed by the Union of India in the Supreme Court, the judgment of this court was reversed. The provisions for imposition of wealth-tax on agriculturists in Punjab thus became applicable with effect from the assessment year 1970-71. The agriculturists were, however, given concession to submit their returns on or before February 28, 1972, for the assessment years 1970-71 and 1971-72. The Wealth-tax Officer issued a notice to the petitioner under section 17 of the Wealth-tax Act under date October 30, 1972/November 22, 1972, which was served on him on April 22, 1974. The proceedings were initiated on a survey report of the Inspector, much e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng net wealth of Rs. 91,059, which was below the taxable limit. The Wealth-tax Officer was alleged to have issued to him notice under section 14(2) or 17 of the Act which he alleges could not be served on him. Later on, he submitted a revised return on March 17, 1977, on noticing the mistake mentioned above as regards his share in the agricultural land and returned his net wealth at Rs. 1,45,900. The assessment was completed on March 25, 1977, on net wealth of Rs. 1,49,000. Penalty proceedings were initiated against him under section 18(1)(a) of the Act. However, with regard to the assessment year 1973-74, without having received any notice under section 14(2) or 17 of the Act, he suo motu submitted his wealth-tax return on August 13,1974, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mpleted. He submitted yet another revised wealth-tax return on May 11, 1977, showing net wealth of Rs. 2,88,875 by taking the value of the Nehri agricultural land at Rs. 8,000 per acre as has been assessed in the case of his mother and sister instead of Rs. 5,500 per acre as shown in his earlier return. Likewise, the value of Barani land was also revised on the above basis to Rs. 4,500 instead of Rs 3,000 per acre as originally shown. The assessment was completed on September 29, 1977, on the total wealth of Rs. 3,71,800. Penalty notice under section 18(1)(a) of the Act was issued to him. For the assessment year 1976-77, without receiving any notice under section 14(2) of the Act, he suo motu submitted his wealth-tax return on December 24, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... annexure P-8, therein has been challenged by Manjit Singh, petitioner, in his case. The learned counsel for the petitioner has contended that respondent No. 1 has proceeded on grounds which were not relevant for consideration under section 18B of the Act and has wrongly rejected the application for waiver of the minimum penalty under this section. Respondent No. 1 has set out in his order that notice under section 14(2) of the Act for the assessment year 1972-73 was issued to the petitioner, though it could not be served on him. He has further mentioned that the course of events started with a survey report and the issuance of notices under section 14(2) or 17 of the Act go against the assessee's claim that the declaration of wealth by h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erved on him or that the revised return had been filed by him after the valuation of agricultural lands had been enhanced in the wealth-tax cases of his mother and sister or that an enquiry as regards the valuation had been directed by the Wealth-tax Officer to the patwari are extraneous considerations and are collateral in nature. These were not germane for finding out whether the five conditions mentioned above as laid down in section 18B of the Act were satisfied by the petitioner and whether or not he was entitled to the relief or waiver of the minimum penalty provided by the Act. I find support for this view from a Division Bench judgment of this court in Smt. Parkash Devi v. CWT [1983] 141 ITR 122. There is, therefore, no escape from ..... X X X X Extracts X X X X X X X X Extracts X X X X
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