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Commissioner of Wealth Tax Vs. Shyam Sunder. - Court Judgment

LegalCrystal Citation
SubjectDirect Taxation
CourtAllahabad High Court
Decided On
Case NumberW.T. Ref. No. 238 of 1974
Reported in(1978)7CTR(All)161
AppellantCommissioner of Wealth Tax
RespondentShyam Sunder.
Cases ReferredIn Commissioner of Wealth Tax Lucknow vs. Ram Narain Agrawal
Excerpt:
- .....to us in favour of the assessee and against the department. the assessee will be entitled to costs which are assessed at rs......
Judgment:

Satish Chandra, J. - For the four Assessment Years 1964-65 to 1967-68, the Assessee filed returns with delay. The Tribunal held that the Assessee was liable to penalty under S. 18(1)(a) of the Wealth Tax Act for this delay. It went on to hold that the taxable event was the date when the return was due and, the law as it stood on that date was applicable to compute the amount of penalty. If the law was changed subsequent to the date when the return was due, it will not be applicable while computing the amount of the penalty for delay in filing the return.

2. At the instance of the Department, the Tribunal has referred this question for our opinion. In Commissioner of Wealth Tax Lucknow vs. Ram Narain Agrawal, a Division Bench of this Court has taken the same view which was taken by the Tribunal. We therefore answer the question referred to us in favour of the Assessee and against the Department. The Assessee will be entitled to costs which are assessed at Rs. 200/-.


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