AMRIK SINGH Vs. COMMISSIONER OF WEALTH-TAX

JUDGEMENT

(1.) THE applicant-assessee (for short "the assessee"), inter alia, was required under law to furnish his return of wealth on or before February 29, 1972, He failed to do so. That led to the issuance of a notice under Section 18 (1) (a) of the Wealth-tax Act, 1957 (hereinafter referred to as "the Act"), requiring him to show cause why penalty proceedings be not initiated against him.

(2.) WHEN the penalty proceedings were so pending before the Wealth-tax Officer, the assessee moved the Commissioner of Wealth-tax under Section 18 (2a) of the Act for waiver or reduction of penalty leviable in his case by the Wealth-tax Officer under Section 18 (1) (a) of the Act. The Commissioner of Wealth-tax, on his application, fixed Rs. 5,000 as the amount of penalty. This order is made final under Section 18 (2b) of the Act, as no appeal lay against the order passed by the Commissioner.

(3.) ON receipt of this order, the Wealth-tax Officer, in compliance with that order, passed the order imposing penalty under Section 18 (1) (a) of the Act of the same amount, i. e. , Rs. 5,000.