MOHAMMED ABDUS SATTAR,HYDERABAD vs. ACIT, CENTRAL CIRCLE-2(3), HYDERABAD

ITA 429/HYD/2024Status: DisposedITAT Hyderabad31 July 2024AY 2019-20Bench: SHRI K.NARASIMHA CHARY (Judicial Member), SHRI MADHUSUDAN SAWDIA (Accountant Member)5 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that seized cash available with the Revenue can be adjusted against the admitted tax liability, even if an application for adjustment was not filed within the prescribed time. The matter was remanded to the CIT(A) for fresh examination.

What were the facts?

The assessees' appeals were dismissed by the CIT(A) for non-payment of admitted tax before the due date. A significant amount of cash was seized from the assessees during a search operation and was available with the Revenue.

What were the issues?

Whether seized cash available with the Revenue can be adjusted against the admitted tax liability for the purpose of filing an appeal, and if so, whether an application for adjustment is mandatory.

Which sections of the Income-tax Act were involved?

Section 249(4)(a),Section 132B,Section 149

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, HYDERABAD BENCHES “B”, HYDERABAD

Before: SHRI K.NARASIMHA CHARY & SHRI MADHUSUDAN SAWDIA

PER K. NARASIMHA CHARY, J.M: Aggrieved by the separate but identical orders, all dated 31/10/2023 passed by the learned Commissioner of Income Tax (Appeals)- 12,Hyderabad (“Ld. CIT(A)”)

The order continues below.

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