1975 (7) TMI 78

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Rs. 1,830 imposed by the WTO in relation to the asst. yr. 1964-65. 2. The assessee is a HUF. For the said assessment year return of net wealth due to be furnished under s. 14(1), WT Act, had to be furnished by 30th June, 1964. It was actually furnished on 30th June, 1969. The WTO initiated penalty proceedings against the assessee for delayed furnishing of the return and imposed a penalty of Rs. .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... held to be bad if the signatory thereto had described himself as ITO. In other words, it was urged that the said notices could be said to be bad only if the ITO signing those notices had not been authorised to perform the functions of WTO under the WT Act. The fact that the ITO signing the notices in question had been authorised to perform the functions of WTO under the WT Act was not assailed be .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... erial on record to show that such approval of the Inspection Asstt. CWT had been obtained by the WTO before imposing the penalty in question. We, therefore, hold that the AAC's order, though not sustainable on ground of the aforesaid notice being bad in law, has to be sustained on the ground that the WTO had not obtained the necessary previous approval of the IAC. The appeal is, therefore, dismiss .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X