9911796707
TMI Blog1983 (9) TMI 101X X X X Extracts X X X X X X X X Extracts X X X X ..... were due on 30-6-1972, 30-6-1973 and 30-6-1974. The assessee, however, filed the returns on 22-2-1978 for all the above years. Show-cause notices were issued by the WTO as to why penalty should not be levied for the default of the assessee. In absence of any response from the assessee the WTO levied penalties of Rs. 480, Rs. 5,510 and Rs. 7,480 respectively. Being aggrieved, the assessee carried the matters in appeal before the AAC. During the pendency of appeals before the AAC, the assessee approached the Commissioner under section 18B(1) of the Wealth-tax Act, 1957 ('the Act') with a prayer to waive or reduce the penalties levied by the WTO. In order under section 18B(1) dated 4-2-1983 the Commissioner had reduced the quantum of penalty a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s very much there the penalties were rightly sustained by the AAC. 3. We have heard the rival submissions and considered the material on record. Section 18B(5) reads as under: "(5) Every order made under this section shall be final and shall not be called into question by any Court or any other authority." According to the scheme of section 18B it appears that when the assessee accepts his guilt he can approach the Commissioner under section 18B with a mercy petition to give some relief such as waiver of penalty or reduction in penalty. Sub-section (5) of section 18 provides that no order of the Commissioner under section 18B shall be called in question by any Court or any other authority. If we entertain the appeals of the assessee i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3 ITR 443. The relevant observation reads as under: "... Similar provisions are also to be found in the Code of Civil Procedure, section 115, and also in the Code of Criminal Procedure. There is no similar provision so far as the exercise of the power under section 273A is concerned. The whole concept under section 273A is that the assessee concerned admits his liability to penalty but relies upon certain mitigating circumstances or certain circumstances specified in the section for the purpose of getting the penalty waived or reduced. When the assessee approaches the Commissioner under section 273A he does not dispute his liability to pay the penalty. All that he says is that he should be given the relief of reduction or waiver by the fa ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
