HIRA SINGH Vs. COMMISSIONER OF WEALTH-TAX

JUDGEMENT

(1.) BRIEFLY, the facts are that the petitioner submitted his returns of net wealth for the wealth-tax assessment years 1970-71 and 1971-72 in the status of an HUF to the WTO under Section 14 (1) read with Section 18 of the W. T. Act (hereinafter referred to as " the Act"), for the first time on 18th July, 1972. No notice under Section 14 (2)/17 of the Act was issued to him by the WTO at that time. In the two returns, he showed his agricultural land measuring 21 acres 6 kanals as his net wealth. The WTO on 17th June, 1978, made the following noting on the order sheet:

(2.) THE petitioner filed the returns of net wealth under Section 14 (1) read with Section 13 for the assessment years 1972-73, 1973-74, 1974-75 and 1975-76 without the issuance of any statutory notice under Section 14 (2)/17 of the Act. In the annexures to the returns, he showed his agricultural land as measuring 24 acres 6 kanals for the assessment year 1972-73 and for each of the remaining three assessment years as measuring 9 acres 7 kanals 8 marlas. In the latter years, he showed a lesser area with himself as a partition had taken place between him and his major sons on the basis of the decree dated 22nd May, 1972, passed by a civil court.

(3.) THE WTO passed a consolidated common assessment order on 21st August, 1975, copy annex, P-2, for all the six assessment years, that is, from 1970-71 to 1975-76. He accepted the figures of the area of agricultural land disclosed by the petitioner but for each year he estimated the capital value at a figure higher than the one shown by the petitioner. On 21st August, 1975, the WTO also initiated penal action under Section 18 (1) (a)/18 (2) of the Act for the late filing of the net wealth returns for the six assessment years. He, vide his order dated 31st December, 1977, imposed various penalties under Section 18 (1) (a) of the Act for the late filing of the returns.