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2022 (9) TMI 114 - HC - Income TaxSeizure of cash - undisclosed income of the petitioner u/s 69/69A - HELD THAT:- This matter has been listed for hearing on several occasions and the Standing counsels have been directed to provide clarity on the assessment proceedings in the name of Bilash Khatiwada and the fate of the balance amount after adjustment of a portion of the amount in the hands of Bilash Khatiwada. Income tax authorities concerned, at Delhi, have also been impleaded in the hope that some clarifications and updates will be forthcoming on the aforesaid issues. However, though the impugned order makes it clear that a portion of the amount seized has, according to the Department, been assessed in the hands of Bilash Khatiwada, as to the balance, the respondents are unable to provide any clarity and, learned standing counsels say that there has been response to their communications in this regard from their counterparts in Delhi. We see merit in the request of the petitioner to challenge order by way of appeal against the non-grant of credit of a sum of Rs.50,00,000/- as directed by the Commissioner of Income Tax (appeals) in order - The appellate authority would be better positioned, seeing as the issue in this matter relates, prima facie, the double taxation of the amount once in the hands of the petitioner and secondly, in the assessment of Bilash Khatiwada. The petitioner is granted liberty to avail of appellate remedy within four weeks from today and appeal, if filed as aforesaid, shall be entertained by the Commissioner (Appeals) without reference to limitation.
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