COMMISSIONER OF WEALTH TAX Vs. BANOO E COWASJI

JUDGEMENT

(1.) THE Income-tax Appellate Tribunal, Indore, has at the instance of the Department made this reference to this court under Section 27(1) of the W.T. Act, 1957, to answer the following question as framed :

(2.) THE facts giving rise to this reference as stated by the Tribunal are thus : Late Shri E. C. Cowasji had to submit his wealth-tax return for the assessment year 1967-68 on or before September 30, 1967, which he did not file during that period. Shri E. C. Cowasji died on December 23, 1967. His widow, Smt. Banoo E. Cowasji, the legal representative of the deceased, however, filed the wealth-tax return for that year on January 18, 1973. THE WTO, Tndore, initiated penalty proceedings under Section 18(1)(a) of the said Act for the delay in filing of the return of wealth. After hearing the legal representative of the deceased, i.e., the present respondent, the WTO imposed on the heir a penalty of Rs. 1,85,855.

(3.) ON these facts the question referred to above has come up for decision before this court.