COMMISSIONER OF WEALTH TAX Vs. GANGER P M

JUDGEMENT

(1.) In this departmental reference relating to the assessee's assessments for the assessment years 1967 -68 and 1968 -69, the Tribunal has referred to this court the following question of law for opinion : 'Whether, on the facts and in the circumstances of the case, although the returns for the years 1967 -68 and 1968 -69 were filed after April 1, 1969, the Tribunal was justified in holding that the law for imposition of penalty was the one before its amendment with effect from April 1, 1969, and not that which obtained when the returns were actually filed ?'

(2.) COUNSEL are agreed that, in view of our court's judgment in the case of CWT v. S. N. Tarawia : [1988]170ITR569(Bom) , wherein our court has followed the Supreme Court's decision in the case of Maya Rani Punj v. CIT : [1986]157ITR330(SC) , the question is to be answered thus : Penalty is imposable upon the assessee under the unamended section 18(1)(a) of the Wealth -tax Act, 1957, for the period of delay prior to April 1, 1969, and under the amended section 18(1)(a) for the period of delay subsequent thereto. The question is so answered.