Supreme Court of India
2001
THLN 1011
2001 PTD 1211 | 84 TAX 455 | 243 ITR 852
Laws Cited
Indian Wealth Tax Act, 1957
Sections
18. & 27

COMMISSIONER OF WEALTH TAX

VS

Smt. AZIZUNNISA BEGUM

Petitioner(s) by: P.A. Choudhry, Senior Advocate, S. Rajappa and B.K. Prasad, Advocates
Respondent(s) by: Mukul Mudgal, Advocate
Present: B. P. Jeevan Reddy and K. T. Thomas, JJ
ORDER

These matters arise under the Wealth Tax Act, 1957. It appears that on late filing of the return, the Wealth Tax Officer issued a notice proposing to levy penalty. There was no response from the assessee to the said notice. At that stage, ?it appears, the incumbent Income?tax Officer' was transferred and another person succeeded him in the office. The succeeding Income?tax Officer completed the penalty proceedings and levied penalty. The High Court says that the succeeding Income?tax Officer should also have given a fresh notice proposing 'to levy penalty and that not giving such a notice vitiates the order levying penalty. We do not think that we can agree with this proposition. Once a notice is given by the Income?tax Officer that is good enough. It is not necessary for each succeeding Income?tax Officer to go on issuing fresh notices on the same subject. At the same time in view of the fact that the penalty amount is about Rs. 6,000 and these appeals are directed against the order o...