COMMISSIONER OF WEALTH TAX Vs. VENUGOPAL V

JUDGEMENT

(1.) THE following three question have been referred to this court for its opinion at the instance of the Revenue :

(2.) A look at the three question will indicate that all the questions involve the same issue as to whether the Appellate Tribunal was right in directing the re-computation of the period of delay in filing the wealth-tax, returns the assessment year 1965-66, 1966-67 and 1967-68.

(3.) IN that case, the court further pointed out that the levy of penalty under s. 271(1)(a) of the I.T. Act, 1961, is not a mere concomitant of a delay in filing the return and, therefore, even if there is any delay in filing the return, the assessee is not liable to be penalised unless the Department established that he had acted in deliberate disregard of his statutory obligations and that his conduct is contumacious.