1981 (12) TMI 20

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.... reference under s. 27(1) of the Wealth-tax Act, 1957 (hereinafter referred to as " the Act "), the Income-tax Appellate Tribunal has referred the following question of law to this court for its opinion : " Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the appeal before the AAC of wealthtax was maintainable against the WTO's penalty order....

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.... assessment years 1964-65 to 1972-73. For the assessment year 1973-74, the Commissioner held that as the penalty levied was less than double the gross wealth-tax, no interference was called for. When the appeals preferred by the assessee before the AAC came up for consideration, the AAC held that the order of the Commissioner had become final and that order of the Commissioner could not be assaile....

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....ned counsel for the parties, we have come to the conclusion that the Tribunal was justified in holding that the AAC should have decided the appeals on merits. The provisions of s. 18B of the Act, which confer power on the Commissioner to reduce or waive the amount of penalty imposed on an assessee under s. 18(1) of the Act, do not affect the right conferred by s. 23 of the Act on the assessee to p....

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....learned counsel for the Department contended that the order passed by the WTO merged in the order passed by the Commissioner under s. 18B of the Act and hence the jurisdiction of the AAC to decide the appeal preferred by the assessee is taken away. The contention cannot be upheld. The Commissioner, while exercising powers under s. 18B of the Act, does not exercise appellate or revisional powers. I....