1980 (11) TMI 69

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....essee for delayed submission of the Wealth-tax Returns for the concerned years. The returns for these years were due on 30th June, 1966 for the asst. yr. 1966-67, 30th June, 1967 for the asst. yr. 1967-68 and 30th June, 1971 for the asst. yr. 1971-72 but according to the Department, the returns were filed by the assessee on 11th Dec., 1970 for the asst. yrs. 1966-67 and 1967-68 and on 9th Oct., 19....

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....at difficulty receipt for the asst. yr. 1972-73 could be obtained and produced which showed that the return for that year was filed on 26th June, 1972. It was pointed out that the assessee's claim for the asst. yr. 1972-73 for which year also the WTO imposed penalty was accepted and the penalty so imposed by him was cancelled even though the original return said to have been filed by the assessee ....

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....ledgement for filing of the returns earlier, as claimed. 3. On a consideration of the facts and circumstance exhaustively set out in the order of the AAC, we are satisfied that the Department has no case for sustaining the penalties. It is seen that the penalty was levied by the WTO for the five asst. yrs. 1966-67 to 1968-69, 1971-72 and 1972-73. The very fact that the WTO has cancelled the pen....