1984 (9) TMI 82

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....e WTO under s. 18(1)(a) of the WT Act, 1957. 2. The assessee had made a voluntary disclosure of its net wealth under s. 15(1) of the Voluntary Disclosure of Income and Wealth Ordinance, 1975. Although the declaration was made in Form 'C' as required by sub-r. (1) of r. 5 of the Voluntary Disclosure of Income and Wealth Rules, 1975, yet it was not accompanied by return of net wealth in the Form ....

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....ally filed on 28th July, 1979. According to him, therefore, it was late by 48 complete months. He, therefore, imposed a penalty of Rs. 1,334. Before him the assessee also claimed immunity from levy of the penalty under s. 15(1) of the Ordinance itself. He rejected the claim on the ground that the assessee had failed to produce the necessary evidence regarding the acceptance of the disclosure made ....

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....ms of s. 15(1) of the Ordinance and has also complied with the various provisions relating thereto. There is no dispute that the assessee has paid wealth-tax and has also complied with the other formalities. Admittedly, it had not filed the return alongwith the disclosure. Mere non-filing of the return is not ground for disentitling the assessee from the immunity against the levy of the penalty. T....

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....the lower authorities. Each one of them required the assessee to submit a certificate from the CWT. We have gone through the various replies and the correspondence submitted by the assessee before us. We find that the CWT did not agree to issue the certificate required by the assessee as a report from the WTO had not been submitted to him. The assessee requested the WTO also to submit the return t....