1979 (10) TMI 39

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....erence under s. 27(1) of the W.T. Act, 1957 (hereinafter referred to as "the Act"), the Income-tax Appellate Tribunal, Indore Bench, Indore, has referred the following question of law for the opinion of this court: " Whether the Tribunal was justified in holding on the facts and the circumstances of the case that the order of the Additional Commissioner of Wealth-tax under section 25(2) of the We....

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....rests of the revenue inasmuch as the WTO had failed to initiate penalty proceedings against the respondent. The Addl. Commissioner, therefore, issued a notice to the assessee to show cause as to why an order be not passed directing the WTO to initiate penalty proceedings against him. After considering the objections of the assessee, the Addl. Commissioner passed an order under s. 25(2) of the Act ....

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....e attracted in the present case because the assessee had failed to furnish the return of wealth within the time allowed by the Act and the WTO omitted to take notice of this fact and initiate appropriate proceedings against the assessee. The learned counsel for the assessee contended that merely because the WTO omitted to consider the facts attracting the provisions of s. 18(1)(a) of the Act durin....