9911796707
TMI Blog1981 (12) TMI 20X X X X Extracts X X X X X X X X Extracts X X X X ..... tax Appellate Tribunal has referred the following question of law to this court for its opinion : " Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the appeal before the AAC of wealthtax was maintainable against the WTO's penalty order under section 18(1)(a) even after the Commissioner of Wealth-tax had passed an order under section 18B(4) r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty levied was less than double the gross wealth-tax, no interference was called for. When the appeals preferred by the assessee before the AAC came up for consideration, the AAC held that the order of the Commissioner had become final and that order of the Commissioner could not be assailed in view of the provisions of s. 18B(5) of the Act. In this view of the matter, the AAC dismissed the appeals ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... AAC should have decided the appeals on merits. The provisions of s. 18B of the Act, which confer power on the Commissioner to reduce or waive the amount of penalty imposed on an assessee under s. 18(1) of the Act, do not affect the right conferred by s. 23 of the Act on the assessee to prefer an appeal against the order of the WTO imposing penalty. There is no provision in the Act which lays down ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Commissioner under s. 18B of the Act and hence the jurisdiction of the AAC to decide the appeal preferred by the assessee is taken away. The contention cannot be upheld. The Commissioner, while exercising powers under s. 18B of the Act, does not exercise appellate or revisional powers. In exercising powers under s. 1BB of the Act, the Commissioner has to act on criteria different from those on whi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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