Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2016 (6) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (6) TMI 702 - HC - Income TaxSettlement on account of non-compliance with the provisions of Section 245D(2D) - undeposited tax of the assessee in terms of the amended provisions of Section 245B - Held that:- The department was not correct in raising shortfall of ₹ 48,086/- in case of the assessee. The assessee, way back in the year 1994, had surrendered the entire amount of ₹ 1,60,000/- unconditionally and had also authorized the department to adjust the same against any of his tax dues. The contention of the counsel for the Revenue, that the order passed by the Assistant Commissioner under Section 132(5) of the Act does not partake character of assessment though the assessee was willing to surrender the amount, would not change the position insofar as the petitioner's liability to deposit tax is concerned. We are referring to the said order only for the purpose of recording the Assistant Commissioner's views on the declaration made by the assessee concerning such amount. Declaration itself made by the assessee in his letter dated 10.01.1994. The contention that since no final assessment was framed, there was no question of adjustment of the amount towards any assessed income tax liability of the assessee also would not change the position. The question of depositing the tax in the context of the settlement proceedings arose by virtue of amended Section 245D of the Act. The amount of ₹ 1,60,000/- lying with the department had to be adjusted towards such liability.
|