Wealth tax penalty u/s 18(1)(a) ::

Court :
HC

Brief :
Held by Ho"ble Court that the application for extension of time submitted by the assessee and the reply to the show cause notice was not considered by the AO while levying the penalty for not furnishing the wealth-tax return with in due date as evident from the facts present, hence the penalty order passed by the AO is not sustainable.

Citation :
Bal Krishan Shoor Vs. C.W.T.

Wealth tax penalty u/s 18(1)(a) Bal Krishan Shoor Vs. C.W.T. 8/30/2004 (2005) 277 ITR 248 (P&H) Case Fact: Whether penalty levied u/s 18(1)(a) without considering the reply to the show cause notice submitted by the assessee is good in law? Decision: Held by Ho"ble Court that the application for extension of time submitted by the assessee and the reply to the show cause notice was not considered by the AO while levying the penalty for not furnishing the wealth-tax return with in due date as evident from the facts present, hence the penalty order passed by the AO is not sustainable.

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Judgement posted by

CA.Saibaburao Nanduri

Chartered Accountant

I am a commerce graduarte of Andhra University. Studied at HINDU COLLEGE, Guntur. Became FCA and started Practice under the name and style of M/s SAIBABU RAO CO I became Chairman of CA Institute, Guntur Branch, during the year 2008-09 My post qualifications are: Information Systems Audit DISA (ICAI) ... Read more

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