1982 (3) TMI 32

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....1957 (hereinafter referred to as the Act "), directed the Wealth-tax Appellate Tribunal, Cuttack Branch, to state a case and refer the following common question in respect of assessment years 1964-65 to 1970-71. " Whether, on the facts and in the circumstances of the case, the Tribunal was justified in deleting the penalties and whether the finding that the assessee's conduct was not contumacio....

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....ce of his counsel, Sri Neogi, he was under the impression that certain immovable properties were HUF properties and the value of those properties was not to be included in his net wealth and that it was only when he received the notice for the assessment years 1969-70, that he got the properties, both movable and immovable, valued by the chartered valuer and on the receipt of his report he submitt....

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....roceedings and paid the taxes properly. From the above facts we are of the opinion that the delay in the submission of the returns was not intentional. It; has further been held in the case of Shankuntla Mehra v. CWT (1976] 102 ITR 301 (Delhi), that the mere failure to file the return within the time allowed did not make the assessee liable to penalty and there had to be contumacious or deliberate....

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....ty belonged to the HUF has been accepted by the Tribunal. These are materials relevant to the question and if a final forum of fact relying on these facts comes to its conclusion that there was no contumacy, we do not think a question of law would arise. A Division Bench of this court in the case of CIT v. Nilamani Ghosh [1976] CTR (Orissa) 118, held that whether there was a situation requiring pe....