1979 (4) TMI 61

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.... Return date due 1 2 3 4 5 1967-68 1,10,247 1,19,459 98 31-6-67 1968-69 1,21,644 1,31,265 157 31-6-68 1969-70 1,33,626 1,42,522 213 31-6-69 1970-71 1,47,517 1,56,712 284 31-6-70 1971-72 1,61,615 1,70,517 353 31-6-71 1972-73 1,70,048 1,78,950 1,772 31-6-72 1974-75 1,25,621 1,31,020 1,297 31-6-74 Return filed on Date of order Delay Penalty levied . . Years Months . 6 7 8 9 17-2-73 31-3-75 7 8 5,154 17-2-73 31-3-75 6 8 6,410 31-1-73 18-2-73 6 7 10,240 19-2-73 31-3-75 5 8 9,360 17-2-73 31-3-75 4 8 6,700 19-2-73 31-3-75 0 8 2,367 9-9-74 31-3-75 0 2-1/2 310 2. In response to the notice to show cause why penalty should not be imposed, the assessee appellant su....

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....for not filing the returns in time. The learned AAC observed that ailments like hypertension etc. are incidental to advancing years and if the assessee could look after the Court cases of M/s. Jeewanmal Sons (P) Ltd., there was no reason why he could not prepare and file the returns of his wealth as well. It appears that the authorities below did not refer to the other grounds viz. the death of one of the Accountants and the mis-placing of the files in the office of the assessee's Tax Advisor Shri Joshi. 4. The chart set out above show that the Wealth-tax liability of the assessee was not very heavy as compared to the penalties imposed on him. It was also an admitted position that the assessee had been filing his wealth-tax returns in the ....

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.... gathered from these documents that the assessee was under great physical and mental strain during this period and was admitted in the Rewa Medical College for a considerable time. Several ECGs were taken to ascertain the condition of his heart and he was advised complete rest. The authorities below did not record any finding that the assessee had made a false case about his ailments including paralysis. They, however, brushed aside the impact of his ailment by observing that with advancing age a person is always exposed to such ailments and they do not provide a reasonable cause for a person for his failure to file the returns of wealth. We cannot accept such a hard reasoning while we consider the question of the existence of a reasonable ....