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TMI Blog1982 (9) TMI 20X X X X Extracts X X X X X X X X Extracts X X X X ..... ribunal, Jabalpur, for answering the following question: " Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in holding that an appeal before the AAC was maintainable against the WTO's penalty order under section 18(1)(a) of the Wealth-tax Act, 1957, irrespective of the fact that the Commissioner of Wealth-tax had dismissed the petition filed by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essee went up in appeal, to the Appellate Tribunal which took the view that the AAC was not right in dismissing the appeals merely on the ground that as the Commissioner had rejected the application u/s. 18(2A), the appeals were not competent. The Tribunal held that the appeals to the Appellate Assistant Commissioner were competent and directed the AAC to consider the appeals on merits. After this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of minimum penalty imposable on a person under clause (iii) of sub-section (1), if he is satisfied that such person (a) in the case referred to in clause (i) of this sub-section has, prior to the issue of notice to him under sub-section (2) of section 14, voluntarily and in good faith, made full disclosure of his net wealth; and in the case referred to in clause (ii) of this sub-section has, pri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s become liable for penalty. The considerations for the Commissioner to waive the penalty are not as to whether there was or was not reasonable cause for late filing of the return, but, as the language of the section quoted above discloses, it is altogether on different considerations, whereas the WTO imposed the penalty as the cause shown by the assessee was not considered to be reasonable and th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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