COMMISSIONER OF WEALTH TAX Vs. VARADARAJAN V

JUDGEMENT

(1.) THE following question had been referred under s. 27(1) of the W.T. Act :

(2.) ONE Venkateswara Iyer should have filed the wealth-tax returns for the assessment years 1963-64 to 1968-69 on or before the June 30 of each of those years. He had not done so. Therefore, notices were issued to him under s. 17 of the W.T. Act for the years 1963-64 to 1967-68 and under s. 14(2) for the assessment year 1967-69, requiring him to file the returns within 30 days from the date of receipt of the notices. He filed the returns on March 31, 1969, disclosing various amountu as his net wealth as on the relevant dates. The tax due on the basis of the said returns was also paid.

(3.) SECTION 19(1) casts liability to pay out of the estate of the deceased person the wealth-tax assessed as payable by the deceased. Thus, s. 19(1) would apply to all cases where the assessment had been completed on the deceased and the tax alone remained to be paid. It would also apply to the recovery of penalty because the section uses the words "or any sum, which would have been payable by him under this Act, if he had not died". The words "any sum" would include even a penalty levied on the deceased but remaining unpaid during his lifetime. This sub-section does not apply to the facts here.