TMI Blog2014 (6) TMI 280X X X X Extracts X X X X X X X X Extracts X X X X ..... ion dt.16-11-2010 and 30-11-2010 along with photocopies of Department inward register - A perusal of same shows that both the intimations were received in the office of Revenue thus, the matter is remitted back to the AO for verification of intimation and its acknowledgement, before granting the aforesaid relief Decided in favour of Assessee. - I.T.A. No. 373/Mds/2014, 374/Mds/2014, 375/Mds/2014 - - - Dated:- 23-5-2014 - Dr. O. K. Narayanan And Shri Vikas Awasthy,JJ. For the Appellant : Shri S. P. Ramkumar, CA., For the Respondent : Shri T. N. Betgeri, JCIT ORDER Per Vikas Awasthy, J.M: The appeals have been filed by the assessees against the order of the Commissioner of Income Tax(Appeals)-Salem, dated 29 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessees filed their respective return of income for AYs.2005-06 to 2011-12. In statement made u/s.132(4), the assessees admitted that cash seized jointly belong to them and is un-accounted. They offered the same as income in the AY.2011-12. As per the contentions of the assessee, a written request was made to the Assessing Officer on 30-11-2010 to adjust seized amount lying in PD A/c as advance tax. Earlier, on 16-11-2010, the assessees made a joint request to Dy.Director (Investigations) to adjust seized cash towards advance tax. The Assessing Officer while completing assessment for the AY.2011-12 without considering the request of assessee to treat the seized amount as advance tax, levied interest u/s.234A, 234B 234C. Aggrieved agai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. Orders of the authorities below perused. In appeals, the assessees have raised two issues: i. Date from which seized amount to be adjusted; and ii. The date of application made to the authorities on which the assessee had authorized the Revenue to adjust the amount. 7. The co-ordinate bench of the Tribunal in ITA Nos.2223 to 2229/Mds/2012 in the case of S.Duraipandi S.Thalavaipandian Vs. ACIT decided on 20-03-2013 has considered similar issue. The Tribunal held that seized amount shall be treated as advance tax paid provided the assessee authorizes the department to appropriate the seized amount towards such tax liability. The Tribunal further observed that the seized amount shall be treated as payment of advance tax on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ized amount shall be treated as advance tax paid on 08-11- 2010. 8. As far as the contention of the assessee regarding date of intimation to treat the seized amount as advance tax is concerned, the assessee has placed on record copies of the communication dt.16-11-2010 and 30-11-2010 along with photocopies of Department inward register. A perusal of same shows that both the intimations were received in the office of Revenue. We remit the file back to the Assessing Officer for limited purpose of verifying the veracity of intimation and its acknowledgement, before granting the aforesaid relief. In case it is found to be correct, the Assessing Officer while computing interest u/s.234A and 234B shall first give credit of the amount seized as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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