Law: Wealth Tax Act, (XV of 1963)

Section: 31B,14A

Wealth Tax Act (XV of 1963)------Ss.31-B, 14-A, 24 & 25---Additional tax----Assessing Officer had charged additional tax under S.31-B, Wealth Tax Act, 1963 though there was no default in payment of tax under S.14-A, Wealth Tax - Act, 1963--­Commissioner of Income-tax (A), in appeal, instead of cancelling/deleting the charge of additional tax, set aside the finding of the Assessing Officer with the observation that the additional tax was leviable under S.31-BB of the Wealth Tax Act. 1963 and gave the direction to the Assessing Officer for fresh decision in accordance with law---Validity---Held, setting aside of the issue pertaining to the charge of additional tax and consequential direction given by the Commissioner of Income-tax (A) were manifestly beyond the jurisdiction vested in the CIT(A)---Finding of CIT(A) was modified by the Appellate Tribunal to the effect that finding relating to charge of additional tax and consequential direction were vacated and charge of additional tax under S.31B of the Wealth Tax Act, 1963 was cancelled/deleted. ORDER MUHAMMAD MUJIBULLAH SIDDIQUI, (CHAIRMAN). ---in this appeal at the instance of assessee following objection has been raised:--- "It is submitted that the learned CIT(A) has erred in law and on the facts of the case in not deleting, as was prayed for in appeal by the appellant, the charge of additional tax of Rs.2,102 levied by the learned Assessing Officer under section 31-B of the Wealth Tax Act, 1963, which is illegal." 2. Heard Mr. S. Rehan Hassan Jafri, learned counsel for the appellant and Mr. Khalid Siddiqui, learned representative for the department. 3. Mr. Rehan Jafri has submitted that the Assessing Officer charged additional tax under section 31-B of the Wealth Tax Act, 1963 which was not sustainable in fact and law. He has submitted :that it is admitted position that there was no default in payment of tax under section 14-A, of the Wealth Tax Act, and therefore, the additional tax under section 31-B was liable to be…

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