COMMISSIONER OF WEATH TAX Vs. KANHAIYALAL THAVARJI

JUDGEMENT

(1.) THE applicant (CIT) has filed this application under S. 27(3) of the WT Act, 1957 seeking direction to the Tribunal to state the case and refer the under noted question, arising out of the order dt. 6th Feb., 1991 passed by the Tribunal in WT Appeal No. 199 (Ind.) of 1986 after rejection of the application registered as RA No. 70 (Ind) of 1991 on 10th Sept., 1991 :

(2.) BRIEFLY stated, the facts of the case are that in view of late filing of the return, the WTO imposed penalty under S. 18(1)(a) of the Act on 8th March, 1984. Later, the WTO revised the penalty under s. 35 of the Act on 31st July, 1984. Aggrieved, the assessee filed appeals before the AAC which were dismissed. The assessee filed second appeals before the Tribunal. The Tribunal held that the assessee himself had shown taxable wealth and could not show sufficient cause for non-compliance of the provisions. The Tribunal, therefore, confirmed the penalty. Later, vide order dt. 30th Nov., 1990, the Tribunal recalled the order and directed fresh hearing of the appeals. The Tribunal held that in view of the position, the quantum of penalty is required to be redetermined, in view of the decision of the Supreme Court in Maya Rani Punj vs. CIT (1986) 50 CTR (SC) 191 : (1986) 157 ITR 330/24 Taxman 1. The applicant felt aggrieved and filed the application under S. 27(1). The application was rejected. Thereafter, the applicant has filed this application under S. 27(3).

(3.) WE find that the Tribunal declined to state the case and refer the question in the undernoted terms :