COMMISSIONER OF WEALTH TAX Vs. KAMLA DEVI BHANOT

JUDGEMENT

(1.) PENALTY was sought to be imposed for filing an incorrect return under the Wealth-tax Act. The matter went to the Appellate Tribunal which ultimately found that the mistake was on the part of counsel before whom the assessee had placed all the relevant papers. Furthermore, as soon as counsel realised the mistake, he immediately intimated the Appellate Tribunal. On these facts, the Appellate Tribunal concluded that the incorrect statement in the wealth-tax return was bona fide and, therefore, the assessee could not be visited with penalty under Section 18(1)(c) of the Wealth-tax Act. Consequently, no penalty can been imposed.

(2.) AN application was made to the Tribunal for referring a question to this court under Section 27(1) of the Act. The application was rejected on the ground that no question of law arose out of the Tribunal's order. The application, therefore, has been filed in this court under Section 27(3) of the Act requiring the Tribunal to state the following question to this court for its opinion :

(3.) THIS application is, therefore, dismissed. There shall be no order as to costs.