CHARAN SINGH S Vs. COMMISSIONER OF WEALTH TAX

JUDGEMENT

(1.) S . Charan Singh is the assessee in this reference under S. 27(1) of the WT Act, 1957. The following are the two questions referred :

(2.) IN the two questions, the issue relates to levy of penalty for the three asst. yrs. 1966 -67, 1967 - 68 and 1968 -69. Returns for the three years were submitted by the assessee on 18th May, 1970, beyond the due dates. The WTO impose penalties of Rs. 14,505, Rs. 15,082, and Rs. 14,840, respectively. The AAC, Jorhat Range, on appeal, confirmed the decision and directed that the amount of penalties be modified. The Tribunal, on further appeal, held : "As a matter of fact, the AAC had allowed relief to the assessee even beyond the date of the submission of the return of net wealth as required under S. 14(2) of the Act. Therefore, the grievance of the assessee with reference to the asst. yrs. 1966 -67 to 1968 -69 in the context of pleas taken before us does not subsist at this stage." (emphasis supplied)

(3.) THE second question, besides referring to asst. yrs. 1966 -67 and 1968 -69 also refers to the asst. year 1967 -68. We have recorded, relevant to question No. (1), that the issue does not "subsist" for the asst. yrs. 1966 -67 and 1968 -69. The issue, however, subsists for the asst. yr. 1967 -68 and requires to be answered.