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of <h1>Tribunal Upholds Decision to Annul WTO Penalty Orders Due to Justified Delay</h1> <h3>FIRST WEALTH TAX OFFICER. Versus J. OM PRAKASH.</h3> FIRST WEALTH TAX OFFICER. Versus J. OM PRAKASH. - TTJ 028, 005, Issues:- Penalty orders passed under s. 18(1)(a) for delayed filing of returns for wealth-tax assessments.Analysis:1. The appeals were by the Revenue challenging penalty orders passed under s. 18(1)(a) due to delayed filing of wealth-tax returns. The assessee filed the returns after significant delays, leading to penalty imposition by the WTO. The AAC later annulled the penalties, prompting the Revenue's appeals.2. The Revenue argued that the delay warranted automatic penalty imposition, as no explanation was provided. However, the AAC accepted the assessee's explanation, which highlighted the mental stress caused by a prior search of the company's premises and seizure of accounts. The assessee's timely actions post-retrieval of accounts were emphasized.3. The assessee, a director of a company, faced mental stress due to the search and seizure of company accounts by the Income-tax Department. The delay in filing returns was attributed to this event, and the Tribunal's decision in a related case supported the credibility of the explanation provided by the assessee.4. The Tribunal considered the circumstances surrounding the delayed filing, noting the seizure and subsequent return of accounts, substantial debit balances, and the necessity for audit before accurate figures could be determined. Citing precedents, the Tribunal endorsed the AAC's decision, emphasizing the reasonable cause for the delay.5. Referring to relevant case law, including the decision of the Orissa High Court and the Jaipur Bench of the Tribunal, the Tribunal found the circumstances akin to those justifying late filing in those cases. The seizure of accounts and the complexity of financial details supported the conclusion that the delay was reasonable, affirming the AAC's decision.6. Ultimately, the Tribunal affirmed the AAC's decision, stating that the delay in filing the returns was justified by reasonable cause. The appeals by the Revenue were dismissed, upholding the annulment of the penalty orders by the AAC.
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