Law:

Section:

Section 24, read with section 2(c), of the Wealth-tax Act, 1957 and section 255 of the Income-tax Act, 1961 - Appellate Tribunal - Procedure of - Whether scope of section 255(3) of 1961 Act cannot be enlarged so as to bring in an "assessee" as defined in section 2(c) of 1957 Act and entitle a member sitting singly to dispose of an appeal preferred to Tribunal under section 24 of 1957 Act - Held, yes FACTS The assessee individual was treated as a defaulter as he had not filed his return of net wealth in time. After issuing notice to the assessee under section 18(1)(a) of the 1957 Act, the WTO levied a penalty. On appeal, the AAC, while upholding the penalty, reduced the quantum of penalty. The department filed appeal to the Tribunal against the order of the AAC. Since the income of the assessee during the relevant assessment year was less than Rs. 40,000 for income-tax purposes, the appeal on that ground was taken up for hearing by a single member of the Tribunal constituting a Bench. A preliminary objection was taken by the department that a single member of the Tribunal could not hear the appeal taking the income of the assessee as the basis. That objection was overruled by the Tribunal. On reference : HELD The single member Bench of the Tribunal in holding that a single member Bench could hear an appeal under the 1957 Act, where the total income of the assessee was less than the maximum prescribed in section 255(3) of the 1961 Act, relied upon sub-sections (2) and (3) thereof. The application of sub-sections (2) and (3) of section 255 of the 1961 Act is excluded by sub-section (11) of section 24 of the 1957 Act. Therefore, the provisions that apply in so far as the powers and functions of the Tribunal are concerned, where a case is referred under the 1957 Act are sub-sections (1), (4) and (5) of section 255 of the 1961 Act. The object of constituting an Appellate Tribunal is to have in it a judicial member and an accountant member. The constitution of the Benches is left to the discretion of the President of the Tribunal from among the members thereof. Section 255(3) of the 1961 Act relied upon by the Tribunal empowers the President or any other member of the…

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