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2019 (12) TMI 1134

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....2012-13 . 1.1 Since the issue involved in all these appeals is common, they were clubbed together, heard together and are being disposed of by this common order. 2. The assessees have raised the following common grounds of appeals: 1. The Appellate Order of the Commissioner of Wealth Tax(Appeals) is opposed to law, facts and circumstances of the case. 2. The learned CWT(As) has failed to consider the fact that the appellant was at USA during the entire life time for over 60 years. 3. The learned CWT(As) has gone wrong in confirming the penalty levied u/s. 18(1)c) without pointing out a single instance where the appellant has either concealed her net wealth or furnished inaccurate particulars of such wealth. ....

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....t portion of the notice, i.e. to say both limbs "(i) concealed the particulars of your wealth or (ii) furnished inaccurate particulars of such wealth" have been retained thereby invalidating the impugned notice. A certified copy of the penalty notice is attached herewith. 2. The Learned Commissioner of Wealth Tax (As) should have cancelled the Wealth Tax penalty imposed by the Assessing Officer following the decision of the hon. Supreme Court in the case of CIT & Anr. V M/s. SSA's Emerald Meadows. 3. It is, therefore, prayed that the hon. Tribunal may be pleased to cancel the penalty imposed u/s. 18(1)(c) as held in the case of M.R. Somarajan v ITO, Ward-4, Kottayam in ITA No.50/Coch/2019 dated 0....

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.... Apartment 7C, 7, Peter Cooper Road, New York -10010 USA Whereas in the course of proceedings before me for the assessment year 2010-11, it appears to me that you;- have without reasonable cause failed to furnish me return of income which you were required to furnish by a notice given under section 22(1)/22(2)/34 of the Indian Income Tax Act, 1922 or which you were required to furnish under section 139(1) or by a notice given under section 139(2)/148 of the Income Tax Act, 1961 No.....................dated.............or have without reasonable cause failed to furnish it within the time allowed and the manner required by the said section 139(1) or by such notice. have without reasona....

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....dgments of the Karnataka High Court in the case of Muninaga Reddy vs. ACIT reported in 396 ITR 398 and in the case of S. Chandrasekar Vs. ACIT reported in 396 ITR 538 and also that of Telangana & Andhra Pradesh High Court in the case of Pr.CIT Vs. Smt. Baisetty Revathi reported in 398 ITR 88. Hence, it was submitted that the penalty levied may be cancelled." 5. The Ld. DR submitted that it was only a technical mistake which was not to be considered and the appeal should be decided on merit. 6. We have heard the rival submissions and perused the record. In the present case, section 18(1)(c) of the Wealth Tax Act is para materia with section 271(1)(c) of the Income Tax Act. Being so, the facts for imposing penalty u/s. 271(1)(c) of the ....