YOGENDRA CHANDRA Vs. COMMISSIONER OF WEALTH TAX

JUDGEMENT

(1.) THE petitioner, Shri Yogendra Chandra, filed returns under the Wealth-tax Act, 1957 (for brief, "the Act"), for the years 1970-71 to 1975-76 on January 21, 1976, before the Wealth-tax Officer, A-Ward, Shimla. His case is that the returns could not be filed within the prescribed period for various reasons. His father, late Raja Rana Digvijay Chand of Jubbal, died and it took some time before he could get the succession certificate in respect of the property of his father ; a fire accident destroyed the palace at Jubbal and two other buildings in the year 1969 ; the petitioner's wife was ailing necessitating her treatment at Delhi in the year 1972 ; the previous tax counsel who was looking after these matters withdrew and counsel engaged later took a long time in getting the material collected, etc.

(2.) THE Wealth-tax Officer imposed penalties for late filing of returns for each of these years by order dated March 25, 1980. According to the petitioner, due regard was not given to the facts pointed out on behalf of the petitioner. Later, the petitioner made an application under Section 18B of the Act for relief in respect of the penalties not only for the aforesaid years but also for earlier years 1967-68 to 1969-70. THE Commissioner of Wealth-tax, Patiala, passed an order on January 14, 1986, on this application. In it, the Commissioner said that:

(3.) SECTION 18B was inserted in the Act by the Taxation Laws (Amendment) Act, 1975, with effect from October 1, 1975. After some later amendments, it reads thus :