S. CHARAN SINGH Vs. COMMISSIONER OF WEALTH-TAX

JUDGEMENT

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

(2.) IN the two questions, the issue relates to levy of penalty for the three assessment years 1966 -67, 1967 -68 and 1968 -69. Returns for the three years were submitted by the assessee on May 18, 1970, beyond the due dates. The Wealth -tax Officer imposed penalties of Rs. 14,505, Rs. 15,082, and Rs. 14,840, respectively. The Appellate Assistant Commissioner of Wealth -tax, Jorhat Range, on appeal, confirmed the decision and directed that the amount of penalties be modified. The Appellate Tribunal, on further appeal, held : 'As a matter of fact, the Appellate Assistant Commissioner had allowed relief to the assessee even beyond the date of the submission of the return of net wealth as required under Section 14(2) of the Act. Therefore, the grievance of the assessee with reference to the assessment years 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 assessment years 1966 -67 and 1968 -69 also refers to the assessment year 1967 -68. We have recorded, relevant to question No. (1), that the issue does not 'subsist' for the assessment years 1966 -67 and 1968 -69. The issue, however, subsists for the assessment year 1967 -68 and requires to be answered.