WEALTH-TAX OFFICER v. VISHNU NARAIN TEELA & SONS
[Citation -1984-LL-0829-8]

Citation 1984-LL-0829-8
Appellant Name WEALTH-TAX OFFICER
Respondent Name VISHNU NARAIN TEELA & SONS
Court ITAT
Relevant Act Wealth-tax
Date of Order 29/08/1984
Assessment Year 1975-76
Judgment View Judgment
Keyword Tags taxable limit • net wealth
Bot Summary: The assessee HUF had filed WT return on 5th March 1976 declaring net wealth of Rs. 1,92,100 which was below exemption limit of Rs. 2 lakhs. Assessed the assessee's net wealth asst. Rs. 6,26,430 which was reduced in appeal by AAC who directed that multiple of 12 times of net yield be applied for valuing the immovable properties owned by the assessee -HUF and SOP portion be valued at Rs. 60,000. AAC accepted the assessee's contention that as per assessee's WT Return the wealth was of Rs. 1.92 lakhs which was below the taxable limit and the assessee had reasonable cause for not filing the WT return within time. At the hearing before us, it was pointed out by the counsel for the assessee that the aforesaid net wealth of Rs. 1,92,100 was based on the assessment order for asst. 1973-74 in which year WTO had accepted with minor addition the valuation declared by the assessee which was supported by a registered valuer's report according to which the properties were valued at Rs. 2,37,000 on agreed basis. Thus the value declared by the assessee at Rs. 1.92 lakhs was supported by the assessee past record and as the assessee's net wealth was below taxable limit AAC was justified in holding that the assessee had reasonable cause for delay in filing the WT return.


revenue is aggrieved against order of AAC cancelling penalty of Rs. 3280 levied under s. 18(1)(A) for late filing of WT Return by 8 Months. assessee HUF had filed WT return on 5th March 1976 declaring net wealth of Rs. 1,92,100 which was below exemption limit of Rs. 2 lakhs. WTO however, assessed assessee's net wealth asst. yr. Rs. 6,26,430 which was reduced in appeal by AAC who directed that multiple of 12 times of net yield be applied for valuing immovable properties owned by assessee -HUF and SOP portion be valued at Rs. 60,000. Both assessee and Revenue appealed to Tribunal and Tribunal by order dt. 17th June 1983 upheld AAC's order regarding valuation of let out properties by applying multiple of 12 times and in respect of SOP directed that same be valued at Rs. 25,000 under s. 7(4) which pegged valuation to asst. yr. 1971-72. It is stated at hearing before us that WTO has still to give effect to said appeal order but according to assessee, net wealth will work out to Rs. 2,30 lakhs. It is in this background that we have to consider correctness of AAC's order cancelling penalty levied under s. 18(1)(a). AAC accepted assessee's contention that as per assessee's WT Return wealth was of Rs. 1.92 lakhs which was below taxable limit and, therefore, assessee had reasonable cause for not filing WT return within time. At hearing before us, it was pointed out by counsel for assessee that aforesaid net wealth of Rs. 1,92,100 was based on assessment order for asst. yr. 1973-74 in which year WTO had accepted with minor addition valuation declared by assessee which was supported by registered valuer's report according to which properties were valued at Rs. 2,37,000 on agreed basis. Thus value declared by assessee at Rs. 1.92 lakhs was supported by assessee past record and as assessee's net wealth was below taxable limit, therefore, AAC was justified in holding that assessee had reasonable cause for delay in filing WT return. Considering facts and circumstances of case, we do not find any reason to interfere with order of AAC. In result, departmental appeal is dismissed. *** WEALTH-TAX OFFICER v. VISHNU NARAIN TEELA & SONS
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