DCIT, FARIDABAD vs. SH. MANAV SARDANA, NEW DELHI

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ITA 607/DEL/2015Status: DisposedITAT Delhi25 October 2017AY 2010-113 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the assessee's request for adjustment of seized cash against advance tax liability must be considered for computing interest under sections 234B and 234C, following the jurisdictional High Court's decision.

What were the facts?

The assessee claimed an advance tax payment of Rs. 18 lac, which was seized cash. The Assessing Officer (AO) later initiated rectification proceedings, disallowing the adjustment of seized cash towards advance tax liability from the date of application, leading to recomputation of interest under sections 234B and 234C.

What were the issues?

Whether seized cash can be adjusted towards advance tax liability for the purpose of calculating interest under sections 234B and 234C.

Which sections of the Income-tax Act were involved?

Section 154,Section 234B,Section 234C

AI-generated summary — verify with the full judgment below

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Income Tax Appellate Tribunal, DELHI BENCHES : E : NEW DELHI

Before: SHRI R.S. SYAL & SHRI KULDIP SINGH

For Appellant: Dr. Rakesh Gupta, Advocate &, Shri Tarun Kumar, Advocate
For Respondent: Ms Shefali Swaroop, CIT DR
Hearing: 24.10.2017Pronounced: 25.10.2017

ORDER PER R.S. SYAL, VP: This appeal by the Revenue relating to the A.Y. 2010-11 arises out of the order passed by the CIT(A) on 24.11.2014.

2.

The only issue raised in this appeal is against allowing of adjustment of seized cash towards advance tax liability.

3.

Briefly stated, the facts of the case are that the assessee claimed advance tax paid of Rs.18 lac in his income-tax return for assessment year 2010-11 and credit of the same was given by the Assessing Officer.

1.

Thereafter, rectification proceedings were taken u/s 154 by the AO on the ground that this amount was kept in P.D. account as the same was seized at the time of such operation. The Assessing Officer opined that the assessee was not entitled to adjustment of seized cash towards advance tax liability from the date of making the application(s) in that regard. That is how, interest u/ss 234B and 234C was recomputed. The ld. CIT(A) overturned the action of the Assessing Officer by relying on the judgment of the Hon'ble jurisdictional High Court in CIT vs. Ashok Kumar (2011) 334 ITR 355 (P&H). The Revenue is aggrieved.

4.

After considering the rival submissions and perusing the relevant material on record, we find that the assessee requested the Income-tax authorities on 07.09.2009 and 10.08.2011 to adjust seized cash of Rs.18 lac against the advance tax liability. The Hon'ble jurisdictional High Court in the aforenoted case has held that the assessee’s request for adjustment of seized cash has to be taken into consideration in the computation of interest u/s 234B and 234C. Since the ld. CIT(A) has followed the Hon'ble jurisdictional High Court in setting aside the contrary view taken by the Assessing Officer, we uphold the impugned order.

5.

In the result, the appeal of the Revenue is dismissed.

The order pronounced in the open court on 25.10.2017.

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