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1979 Supreme(Kar) 271

M.K.SRINIVAS IYENGAR
B. Anjanappa – Appellant
Versus
Commissioner of Wealth-tax – Respondent


Advocates:
Advocate appeared:
Mr. G. Sarangan, for the Appellant
Mr. S.R. Rajasekharamurthy, for the Respondent

JUDGMENT

Srinivasa Iyengar, J.—The petitioner who has been assessed to wealth-tax in the status of HUF has challenged in these writ petitions, the order of the CWT made on the application filed by him under Section 18(2A) of the W.T. Act, 1957, in relation to the penalties imposed under Section 18(1)(a) of the W.T. Act for the assessment years 1966-67, 1967-68 and 1969-70 to 1972-73. The Commissioner reduced the penalties that had been imposed by the WTO.

2. The petitioner filed the returns on February 22, 1973, and the assessment was completed by the WTO virtually accepting the wealth that had been disclosed, by his order dated March 15, 1973. As the return had been filed beyond the time prescribed, the WTO issued notice under Section 18(1)(a) of the W.T. Act to show cause why penalty for late submission of wealth-tax returns should not be imposed.

3. The petitioner filed a petition before the Commissioner seeking waiver of penalty on the ground that he had disclosed the wealth voluntarily and fully and had co-operated in finalisation of the assessment and had also paid up the taxes. It would appear that the petitioner appraised the WTO of having filed before the Commissioner a petit























































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