9911796707
TMI Blog1979 (2) TMI 62X X X X Extracts X X X X X X X X Extracts X X X X ..... three years were disposed by a common judgment by the Tribunal and at the instance of posed of by a common judgment the CWT, this reference has been made for answering the following questions : " 1. Whether on the facts and circumstances of the case, the Appellate Tribunal was justified in holding that the provisions under section 18(1)(a) as they stood prior to the amendment with effect from April 1, 1969, will apply for each of the three years under reference ? 2. Whether the Appellate Tribunal was justified in reducing the penalty to 50% of the tax payable by the assessee for her net wealth as finally assessed for each of the three years under reference ? " As the assessee did not file the returns in time the WTO after completing the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fault alone could be made applicable for the purpose of penalty. In CWT v. Ram Narain Agrawal [1977] 106 ITR 965, 968 a Division Bench of the Allahabad High Court considered this question and held : " In our opinion, the law which will apply to penalty proceedings will be the law as it stood on the day on which the default is committed. " In CGT v. C. Muthukumaraswamy Mudaliar [1975] 98 ITR 540, a Division Bench of the Madras High Court was considering the question of amendment of s. 17(1)(a) of the G.T. (Amend.) Act, 1962, and it was held : " Where the infringement is said to be the failure to furnish the return in time, the offence is complete when the return is not filed on the due date. Therefore, in such cases, the offence having t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... WT v. P. C. M. Sundarapandian [1978] 114 ITR 367 (Mad) and CWT v. C. S. Manvi (1978] 114 ITR 417, (Kar). A Division Bench of the Andhra Pradesh High Court in CWT v. V. R. Desai [1977] 108 ITR 787 held : " In the ultimate analysis, we hold that the non-filing of the return on 30th June of the corresponding assessment year is a completed default and not a continuing default ; and what all clause (i) of section 18(1) as amended by the Wealth-tax (Amendment) Act, 1964, and by section 24 of the Finance Act, 1969, provides is for the scale of penalty that should be levied for every month during which the return was not filed. It is, therefore, clear that when the assessee committed a default in filing the return on the due date, i.e., 30th Ju ..... X X X X Extracts X X X X X X X X Extracts X X X X
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