Notice issue equals service - filing before service treated as voluntary return, mandating fresh decision on penalty waiver. The High Court held that the word issue in the Wealth Tax Act provision is to be read as meaning serve, so a return filed before service of a notice is a voluntary return; on that basis the court ordered the assessing authority to decide afresh the assessee's application for reduction or waiver of penalty. The Department sought review but the special leave petition was dismissed, and the Board directed that the point be contested in suitable cases.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Notice issue equals service - filing before service treated as voluntary return, mandating fresh decision on penalty waiver.
The High Court held that the word issue in the Wealth Tax Act provision is to be read as meaning serve, so a return filed before service of a notice is a voluntary return; on that basis the court ordered the assessing authority to decide afresh the assessee's application for reduction or waiver of penalty. The Department sought review but the special leave petition was dismissed, and the Board directed that the point be contested in suitable cases.
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