Ramjilal Jagannath & Ors. v. Asstt. CIT

241 ITR 758High Court2000#6925 most cited

What is Ramjilal Jagannath & Ors. v. Asstt. CIT authority for?

Seized cash can be adjusted against advance tax liability, as the judgment in Ramjilal Jagannath does not prohibit this. The relevance of the judgment is linked to the period when Section 132(5) was in effect.

16

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2017 to 2023.

Also referred to as

Ramjilal Jagannath · Asstt. CIT · 241 ITR 758 · seized cash adjustment · advance tax liability · section 132B · existing liability · section 132(5)

Judgments citing Ramjilal Jagannath & Ors. v. Asstt. CIT

Rahul Agarwal, New Delhi vs. ACIT Circle-46(1), New Delhi

In the result, the appeal of the assessee is allowed

ITA 7956/DEL/2019[2012-13]Status: DisposedITAT Delhi20 Jun 2023AY 2012-13

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Us

For Appellant: Sh. Salil Agarwal, AdvFor Respondent: Ms. Indu Bala Saini, Sr. DR
Section 132(4)Section 132BSection 154Section 260ASection 271

…stricts scope of adjustment of seized cash is not retrospective in nature; therefore the assessee was entitled to adjustment of seized cash against the advance-tax liability for assessment year 2011-12. CASES REFERRED TO Ramjilal Jagannath v. Asstt. CH [20001 241 ITR 758 (MP) (para 3), C1T v. Ashok Kumar [2012) 20 taxniann.com 432/[20111 334 ITR 355 (Punj. & liar. ) (para 5) and C1T v. Cosmos Builders K Promoters Lid. [2016] 76 taxmann.com 374 (Punj. & liar.) (para 6). Denesh Goyal, Adv for the Appellant. Salil Kapoor, Sumit Lal Chandani, Nitin Mehra, Ms. Ananya Kapoor and Saurabh Kapoor, Advs. for the Responden…

ACIT, Jaipur vs. Prakas Chand Sharma, Jaipur

In the result assessee’s appeal being ITA No

ITA 935/JPR/2016[2010-11]Status: DisposedITAT Jaipur30 Jul 2018AY 2010-11
Section 132Section 143(3)Section 153A

…ing liability' used in s. 132B(l)(i) in the facts and circumstances of the case. The reliance pleaded by the CIT(A) on the judgment of the Hon'ble Madhya Pradesh High Court in the case of Ramjilal Jagannath & Ors. vs. Asstt. CIT (1999) 156 CTR (MP) 49: (2000) 241 ITR 758 (MP) is quite misplaced. As per the Revenue, in terms of the said judgment, the seized cash cannot be adjusted towards advance tax liability. We have carefully perused the said judgment and find that the same does not prohibit adjustment of seized assets towards liability to pay advance tax. In any case, we find that judgment of the Hon'ble Madhy…

ACIT, Jaipur vs. Prakas Chand Sharma, Jaipur

In the result assessee’s appeal being ITA No

ITA 934/JPR/2016[2009-10]Status: DisposedITAT Jaipur30 Jul 2018AY 2009-10
Section 132Section 143(3)Section 153A

…ing liability' used in s. 132B(l)(i) in the facts and circumstances of the case. The reliance pleaded by the CIT(A) on the judgment of the Hon'ble Madhya Pradesh High Court in the case of Ramjilal Jagannath & Ors. vs. Asstt. CIT (1999) 156 CTR (MP) 49: (2000) 241 ITR 758 (MP) is quite misplaced. As per the Revenue, in terms of the said judgment, the seized cash cannot be adjusted towards advance tax liability. We have carefully perused the said judgment and find that the same does not prohibit adjustment of seized assets towards liability to pay advance tax. In any case, we find that judgment of the Hon'ble Madhy…

ACIT, Jaipur vs. Prakas Chand Sharma, Jaipur

In the result assessee’s appeal being ITA No

ITA 933/JPR/2016[2008-09]Status: DisposedITAT Jaipur30 Jul 2018AY 2008-09
Section 132Section 143(3)Section 153A

…ing liability' used in s. 132B(l)(i) in the facts and circumstances of the case. The reliance pleaded by the CIT(A) on the judgment of the Hon'ble Madhya Pradesh High Court in the case of Ramjilal Jagannath & Ors. vs. Asstt. CIT (1999) 156 CTR (MP) 49: (2000) 241 ITR 758 (MP) is quite misplaced. As per the Revenue, in terms of the said judgment, the seized cash cannot be adjusted towards advance tax liability. We have carefully perused the said judgment and find that the same does not prohibit adjustment of seized assets towards liability to pay advance tax. In any case, we find that judgment of the Hon'ble Madhy…

ACIT, Jaipur vs. Prakas Chand Sharma, Jaipur

In the result assessee’s appeal being ITA No

ITA 932/JPR/2016[2007-08]Status: DisposedITAT Jaipur30 Jul 2018AY 2007-08
Section 132Section 143(3)Section 153A

…ing liability' used in s. 132B(l)(i) in the facts and circumstances of the case. The reliance pleaded by the CIT(A) on the judgment of the Hon'ble Madhya Pradesh High Court in the case of Ramjilal Jagannath & Ors. vs. Asstt. CIT (1999) 156 CTR (MP) 49: (2000) 241 ITR 758 (MP) is quite misplaced. As per the Revenue, in terms of the said judgment, the seized cash cannot be adjusted towards advance tax liability. We have carefully perused the said judgment and find that the same does not prohibit adjustment of seized assets towards liability to pay advance tax. In any case, we find that judgment of the Hon'ble Madhy…

Prakash Chand Sharma, Jaipur vs. ACIT, Jaipur

In the result assessee’s appeal being ITA No

ITA 924/JPR/2016[2012-13]Status: DisposedITAT Jaipur30 Jul 2018AY 2012-13
Section 132Section 143(3)Section 153A

…ing liability' used in s. 132B(l)(i) in the facts and circumstances of the case. The reliance pleaded by the CIT(A) on the judgment of the Hon'ble Madhya Pradesh High Court in the case of Ramjilal Jagannath & Ors. vs. Asstt. CIT (1999) 156 CTR (MP) 49: (2000) 241 ITR 758 (MP) is quite misplaced. As per the Revenue, in terms of the said judgment, the seized cash cannot be adjusted towards advance tax liability. We have carefully perused the said judgment and find that the same does not prohibit adjustment of seized assets towards liability to pay advance tax. In any case, we find that judgment of the Hon'ble Madhy…

Prakash Chand Sharma, Jaipur vs. ACIT, Jaipur

In the result assessee’s appeal being ITA No

ITA 923/JPR/2016[2011-12]Status: DisposedITAT Jaipur30 Jul 2018AY 2011-12
Section 132Section 143(3)Section 153A

…ing liability' used in s. 132B(l)(i) in the facts and circumstances of the case. The reliance pleaded by the CIT(A) on the judgment of the Hon'ble Madhya Pradesh High Court in the case of Ramjilal Jagannath & Ors. vs. Asstt. CIT (1999) 156 CTR (MP) 49: (2000) 241 ITR 758 (MP) is quite misplaced. As per the Revenue, in terms of the said judgment, the seized cash cannot be adjusted towards advance tax liability. We have carefully perused the said judgment and find that the same does not prohibit adjustment of seized assets towards liability to pay advance tax. In any case, we find that judgment of the Hon'ble Madhy…

Prakash Chand Sharma, Jaipur vs. ACIT, Jaipur

In the result assessee’s appeal being ITA No

ITA 922/JPR/2016[2009-10]Status: DisposedITAT Jaipur30 Jul 2018AY 2009-10
Section 132Section 143(3)Section 153A

…ing liability' used in s. 132B(l)(i) in the facts and circumstances of the case. The reliance pleaded by the CIT(A) on the judgment of the Hon'ble Madhya Pradesh High Court in the case of Ramjilal Jagannath & Ors. vs. Asstt. CIT (1999) 156 CTR (MP) 49: (2000) 241 ITR 758 (MP) is quite misplaced. As per the Revenue, in terms of the said judgment, the seized cash cannot be adjusted towards advance tax liability. We have carefully perused the said judgment and find that the same does not prohibit adjustment of seized assets towards liability to pay advance tax. In any case, we find that judgment of the Hon'ble Madhy…

Prakash Chand Sharma, Jaipur vs. ACIT, Jaipur

In the result assessee’s appeal being ITA No

ITA 921/JPR/2016[2009-10]Status: DisposedITAT Jaipur30 Jul 2018AY 2009-10
Section 132Section 143(3)Section 153A

…ing liability' used in s. 132B(l)(i) in the facts and circumstances of the case. The reliance pleaded by the CIT(A) on the judgment of the Hon'ble Madhya Pradesh High Court in the case of Ramjilal Jagannath & Ors. vs. Asstt. CIT (1999) 156 CTR (MP) 49: (2000) 241 ITR 758 (MP) is quite misplaced. As per the Revenue, in terms of the said judgment, the seized cash cannot be adjusted towards advance tax liability. We have carefully perused the said judgment and find that the same does not prohibit adjustment of seized assets towards liability to pay advance tax. In any case, we find that judgment of the Hon'ble Madhy…

Prakash Chand Sharma, Jaipur vs. ACIT, Jaipur

In the result assessee’s appeal being ITA No

ITA 920/JPR/2016[2008-09]Status: DisposedITAT Jaipur30 Jul 2018AY 2008-09
Section 132Section 143(3)Section 153A

…ing liability' used in s. 132B(l)(i) in the facts and circumstances of the case. The reliance pleaded by the CIT(A) on the judgment of the Hon'ble Madhya Pradesh High Court in the case of Ramjilal Jagannath & Ors. vs. Asstt. CIT (1999) 156 CTR (MP) 49: (2000) 241 ITR 758 (MP) is quite misplaced. As per the Revenue, in terms of the said judgment, the seized cash cannot be adjusted towards advance tax liability. We have carefully perused the said judgment and find that the same does not prohibit adjustment of seized assets towards liability to pay advance tax. In any case, we find that judgment of the Hon'ble Madhy…

Prakash Chand Sharma, Jaipur vs. ACIT, Jaipur

In the result assessee’s appeal being ITA No

ITA 919/JPR/2016[2007-08]Status: DisposedITAT Jaipur30 Jul 2018AY 2007-08
Section 132Section 143(3)Section 153A

…ing liability' used in s. 132B(l)(i) in the facts and circumstances of the case. The reliance pleaded by the CIT(A) on the judgment of the Hon'ble Madhya Pradesh High Court in the case of Ramjilal Jagannath & Ors. vs. Asstt. CIT (1999) 156 CTR (MP) 49: (2000) 241 ITR 758 (MP) is quite misplaced. As per the Revenue, in terms of the said judgment, the seized cash cannot be adjusted towards advance tax liability. We have carefully perused the said judgment and find that the same does not prohibit adjustment of seized assets towards liability to pay advance tax. In any case, we find that judgment of the Hon'ble Madhy…

ACIT, Jaipur vs. Prakas Chand Sharma, Jaipur

In the result assessee’s appeal being ITA No

ITA 938/JPR/2016[2013-14/Q3]Status: DisposedITAT Jaipur25 Jul 2018
Section 132Section 143(3)Section 153A

…ing liability' used in s. 132B(l)(i) in the facts and circumstances of the case. The reliance pleaded by the CIT(A) on the judgment of the Hon'ble Madhya Pradesh High Court in the case of Ramjilal Jagannath & Ors. vs. Asstt. CIT (1999) 156 CTR (MP) 49: (2000) 241 ITR 758 (MP) is quite misplaced. As per the Revenue, in terms of the said judgment, the seized cash cannot be adjusted towards advance tax liability. We have carefully perused the said judgment and find that the same does not prohibit adjustment of seized assets towards liability to pay advance tax. In any case, we find that judgment of the Hon'ble Madhy…

ACIT, Jaipur vs. Prakas Chand Sharma, Jaipur

In the result assessee’s appeal being ITA No

ITA 937/JPR/2016[2012-13]Status: DisposedITAT Jaipur25 Jul 2018AY 2012-13
Section 132Section 143(3)Section 153A

…ing liability' used in s. 132B(l)(i) in the facts and circumstances of the case. The reliance pleaded by the CIT(A) on the judgment of the Hon'ble Madhya Pradesh High Court in the case of Ramjilal Jagannath & Ors. vs. Asstt. CIT (1999) 156 CTR (MP) 49: (2000) 241 ITR 758 (MP) is quite misplaced. As per the Revenue, in terms of the said judgment, the seized cash cannot be adjusted towards advance tax liability. We have carefully perused the said judgment and find that the same does not prohibit adjustment of seized assets towards liability to pay advance tax. In any case, we find that judgment of the Hon'ble Madhy…

ACIT, Jaipur vs. Prakas Chand Sharma, Jaipur

In the result assessee’s appeal being ITA No

ITA 936/JPR/2016[2011-12]Status: DisposedITAT Jaipur25 Jul 2018AY 2011-12
Section 132Section 143(3)Section 153A

…ing liability' used in s. 132B(l)(i) in the facts and circumstances of the case. The reliance pleaded by the CIT(A) on the judgment of the Hon'ble Madhya Pradesh High Court in the case of Ramjilal Jagannath & Ors. vs. Asstt. CIT (1999) 156 CTR (MP) 49: (2000) 241 ITR 758 (MP) is quite misplaced. As per the Revenue, in terms of the said judgment, the seized cash cannot be adjusted towards advance tax liability. We have carefully perused the said judgment and find that the same does not prohibit adjustment of seized assets towards liability to pay advance tax. In any case, we find that judgment of the Hon'ble Madhy…

N Venkatanathan, Mumbai vs. DCIT Cen Cir 10, Mumbai

In the result these appeals by the assessee stand allowed

ITA 7378/MUM/2014[2005-06]Status: DisposedITAT Mumbai30 May 2017AY 2005-06

Bench: Shri Shamim Yahya & Shri Pawan Singh

For Appellant: Shri. Neomi LakhpatiaFor Respondent: Shri. Kailash Kanojiya
Section 132Section 132(1)Section 132(4)Section 143(3)Section 153ASection 234Section 234B

…2005 (P&H HC) 3 Nitin M. Jadia vs. ACIT 107 Taxman 203 (Mum.) (Mag.) 4 Ashok Kumar (2011) 334 ITR 355 (Punj. & Har.) 5. CIT v. Arun Kapoor [2011] 334 ITR 351 (Punj. & Har.) 6 CIT vs K K Marketing [2005] 278 ITF 596 (Delhi) 7 Ramjilal Jagannath vs ACIT [2000] 241 ITR 758 (MP) 8 Nikka Mal Babu Ram vs ACIT [2010] 41 SOT 407 (Chd.) 5.1 Thus it was argued that the interest u/s. 234B cannot be charged up to 19.03.2013 i.e. passing of the order of the interest u/s. 234B requires to be restricted till the date of adjustment request made by appellant i.e. 29.07.2010. However Ld. CIT-A was not convinced he upheld the act…

DCIT, Jaipur vs. Jadau Jewellers & Mfg (P) Ltd., Jaipur

In the result, the appeals filed by the assessee are partly allowed and that of the Revenue are dismissed

ITA 502/JPR/2016[2010-11]Status: DisposedITAT Jaipur28 Feb 2017AY 2010-11
For Appellant: Shri Vijay Goyal and Shri Gulshan Agarwal, CAFor Respondent: Shri R.A. Verma, Addl.CIT - DR
Section 142Section 144Section 153A

…ng liability’ used in s. 132B(1)(i) in the facts and circumstances of the case. The reliance pleaded by the CIT(A) on the judgment of the Hon’ble Madhya Pradesh High Court in the case of Ramjilal Jagannath & Ors. vs. Asstt. CIT (1999) 156 CTR (MP) 49 : (2000) 241 ITR 758 (MP) is quite misplaced. As per the Revenue, in terms of the said judgment, the seized cash cannot be adjusted towards advance tax liability. We have carefully perused the said judgment and find that the same does not prohibit adjustment of seized assets towards liability to pay advance tax. In any case, we find that judgment of the Hon’ble Madhy…