Continuing default principle: monthly penalties for delayed wealth-tax returns apply prospectively to post-amendment periods. Penalty under section 18(1)(a) is to be levied treating failure to file a return as a continuing default, with penalty computed for each month the default continues. When penalty provisions are amended, the amended regime applies only to the portion of the default that occurs or continues after the amendment; earlier periods remain subject to the law in force at the time of those defaults. Officers must apply this principle uniformly when imposing penalties.
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.
Continuing default principle: monthly penalties for delayed wealth-tax returns apply prospectively to post-amendment periods.
Penalty under section 18(1)(a) is to be levied treating failure to file a return as a continuing default, with penalty computed for each month the default continues. When penalty provisions are amended, the amended regime applies only to the portion of the default that occurs or continues after the amendment; earlier periods remain subject to the law in force at the time of those defaults. Officers must apply this principle uniformly when imposing penalties.
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