Law:

Section:

Section 27, read with section 18(1)(a), of the Wealth-tax Act, 1957 - Reference - Question of fact - A ssessee filed her return of wealth for relevant year belatedly -Tribunal held that it appeared from explanation of assessee that she was prevented in filing return by reasonable cause and that assessee had acted bona fide in not fling return in time - W hether any question of law arose out of tribunal's order -Held, on facts, no FACTS For the relevant assessment year 1971-72, the assessee submitted her return of wealth on 15-11-1971. The said return should have been filed on or before 30-6-1971 and there was a delay of 4| months in the filing of the return. The WTO issued a show-cause notice for imposing penalty and, in response, the assessee explained that she was under the bona fide belief that her wealth was below the taxable limit and that as and when she came to know that the wealth was taxable she immediately filed her returns for the years 1963-64 to 1971-72suo motu on 15-11-1971. The WTO did not accept the explanation of the assessee and imposed penalty under section 18(1)(a). On appeal, the Tribunal, however, cancelled the said penalty holding that from the explanation of the assessee it appeared that she was prevented in filing the return by reasonable cause and the fact that the assessee filed returns for all the years together in November 1971 suo motu went to show the bona fides of the assessee. The Tribunal also rejected the revenue's reference application under section 27(1). On application under section 27(3) : HELD In the instant case, the Tribunal had held that the explanation given by the assessee was reasonable and the assessee acted bona fide in not filing the return till November 1971. No question of law arose out of the Tribunal's order inasmuch as the question as to whether the explanation offered by the assessee for late filing of the return was reasonable or not was a pure question of fact. Accordingly, the reference application under section 27(3) had to be dismissed. R.N. Surolia for the Applicant. H.P. Gupta for the Respondent. JUDGMENT 1. This reference application has been moved under section 27(3) of the Wealth-tax Act, 1957…

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