COMMISSIONER OF WEALTH TAX Vs. KRISHNA BAZAZ

JUDGEMENT

(1.) Sri Krishna Bazaz, the assessee, was assessed to wealth-tax for the assessment year 1968-69, the valuation date being July 8, 1967. The due date for filing the return under Section 14(1) of the Wealth-tax Act, 1957, was June 30, 1968, but the assessee filed his return on November 6, 1969.

(2.) For the delay in filing the return, the Wealth-tax Officer initiated penalty proceedings against the assessee under Section 18(1)(a) of the Wealth-tax Act and penalty of Rs. 23,400 was levied. The contention of the assessee that the delay in filing the return was on account of her illness was not accepted.

(3.) On an appeal by the assessee, the Appellate Assistant Commissioner held that there was no reasonable cause for - the delay and that penalty was leviable. The Appellate Assistant Commissioner, however, directed that penalty should be levied in accordance with the law in force prior to the amendment of Section 18(1) of the Wealth-tax Act which came into force from April 1, 1969.