Allahabad H.C : The penalty under s. 18(1)(c) of the WT Act, 1957, was leviable on the assessee

High Court Of Allahabad

Chotey Lal vs. Commissioner Of Wealth Tax

Section WT 18(1)(c)

Asst. Year 1975-76, 1976-77

Om Prakash & R. K. Gulati, JJ.

WT Ref. Application No. 34 of 1988

13th December, 1988

OM PRAKASH, J.:

These are applications relating to the asst. yrs. 1975-76 and 1976-77 by the assessee-applicant. Upon perusal of the orders of the Tribunal, we are of the view that the following common question of law arises from the Tribunal’s order in both the applications :

“(i) Whether, on the facts and circumstances of the case, the IT authorities and the Tribunal were right in holding that the penalty under s. 18(1)(c) of the WT Act, 1957, was leviable on the assessee ?”

2. The Tribunal is, therefore, directed to draw up a statement of case and refer the aforesaid common question of law for the opinion of this Court.

Both the applications are partly allowed.

[Citation : 176 ITR 132]

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