9911796707
TMI Blog1982 (1) TMI 38X X X X Extracts X X X X X X X X Extracts X X X X ..... eing answered by this court: "Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the law, under which penalty is to be computed in the present case for the default under section 18(1)(a) is the one which prevailed on the date when the assessment order was completed, i.e., on October 10, 1972, and not as per law prevailing on July 1, l968, when ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... act of omission which is also a wrong in the eye of law. Ordinarily, a wrongful act or failure to perform an act required by law to be done becomes a completed act of commission or of omission, as the case may be, as soon as the wrongful act is committed in the former case and when the time prescribed by law to perform an act expires in the latter case and the liability arising therefrom gets fas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stant case, the contention is that the wrong or the default in question has been altered into a continuing wrong or default giving rise to a liability de die in diem, that is, from day to day. The distinctive nature of continuing wrong is that the law that is violated makes the wrongdoer continuously, liable for penalty. A wrong or default which is complete but whose effect may continue to be felt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the day on which it is filed and the quantum of tax or wealth involved in the case for purposes of determining the quantum of penalty but the default, however, is only one which takes place on the expiry of the last day for filing the return without penalty and not a continuing one. The default in question does not, however, give rise to a fresh cause of action every day." Following the above de ..... X X X X Extracts X X X X X X X X Extracts X X X X
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