9911796707
TMI Blog1983 (4) TMI 23X X X X Extracts X X X X X X X X Extracts X X X X ..... eferred is as follows : " Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in cancelling the penalties levied under s. 18(1)(c) of the Wealth-tax Act, 1957, for the assessment years 1968-69 to 1972-73, holding that no penalty could be legally imposed on the legal representative of the deceased assessee, Abdul Rashid Khan ? " The facts, briefly ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ained by the Tribunal in further appeal. Section 18(1) in so far as is relevant provides that if the WTO, in the course of any proceedings under the Act, is satisfied that any person has concealed the particulars of any assets or furnished inaccurate particulars of any assets or debts, he may, by order in writing, direct that " such person " shall pay by way of penalty the amount ordered by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing furnished a return under the provisions of section 14 or after having furnished a return which the Wealth-tax Officer has reason to believe to be incorrect or incomplete, the Wealth-tax Officer may make an assessment of the net wealth of such person and determine the wealth-tax payable by the person on the basis of such assessment, and for this purpose may, by the issue of the appropriate noti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9(1) deals with the liability of the legal representative inheriting the estate of the deceased who was liable for payment of wealth-tax. This section does not provide for continuation of penalty proceedings against the legal representative when the assessee dies before the proceedings are concluded. The material provision is s. 19(3) which makes applicable ss. 14, 15 and 17 to the executor, admin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the penalty proceedings started against the assessee under s. 18 could be continued against his legal representative. The view that we have taken is supported by the decisions of the Andhra Pradesh, Allahabad and Madras High Courts: [see Smt. Yawarunnissa Begum v. WTO [1975] 100 ITR 645 (AP), Rameshwar Prasad v. CWT [1980] 124 ITR 77 (All) and CWT v. Varadarajan [1980] 122 ITR 1014 (Mad)]. For t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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