1975 (6) TMI 13 - HC - Wealth-tax

High Court clarifies Wealth-tax Act provision on voluntary disclosure of taxable wealth

The High Court held that the Commissioner wrongly applied the provisions of section 18(2A) of the Wealth-tax Act, as the condition of 'voluntarily and in ... Delay In Filing Return, Wealth Tax Act, Wealth Tax Return Issues involved: Interpretation of provisions of section 18(2A) of the Wealth-tax Act, 1957 regarding imposition of penalties for late filing of returns.Summary:The petitioner, an assessee under the Wealth-tax Act, filed returns for the assessment years 1969-70 and 1970-71 beyond the prescribed time. The Wealth-tax Officer imposed penalties under section 18(1)(a) of the Act for late filing. The petitioner sought reduction or waiver of penalties from the Commissioner of Wealth-tax under section 18(2A), which was rejected based on lack of good faith in making full disclosure of net wealth. The High Court held that the Commissioner wrongly applied the provisions, as the condition of 'voluntarily and in good faith' disclosure in section 18(2A) is not related to the cause of delay in filing, but to the content of the return itself. Since there was no concealment of taxable wealth, the petitioner satisfied the condition, and the orders rejecting the applications were set aside. The Commissioner was directed to consider various factors in exercising discretion under section 18(2A) while dealing with the cases.The judgment emphasized that the discretionary power of the Commissioner under section 18(2A) to reduce or waive penalties must be exercised reasonably, considering factors like the gravity of default, revenue loss, and tax withheld. Just as a judge considers various factors in sentencing a guilty party in criminal cases, the Commissioner should weigh all relevant factors in deciding on penalties under section 18(1)(a) of the Act. The cases were remanded to the Commissioner for further proceedings in accordance with the law.