9911796707
TMI Blog2017 (4) TMI 1414X X X X Extracts X X X X X X X X Extracts X X X X ..... st payable under Section 244A of the Income-tax Act, 1961 ["the Act" for short]. 2. The facts leading to the present Special Civil Application in nutshell are as under : 2.1 That, pursuant to search under Section 132 of the Act being carried out on 18th March 2011, cash of Rs. 20,15,500/= came to be seized from the possession of wife of the petitioner ie., Smt. Munila R Vachhani. That, the said cash was seized from the possession of the wife of the petitioner at Vadodara, while she was travelling from Delhi to Vadodara. Out of the said seized amount of Rs. 20,15,500/=, a sum of Rs. 20,00,000/= was withheld by the Department and deposited in the PD account maintained by the respondent no. 1 in State Bank of India, Vadodara, after recording ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er made various representations to the respondents to return the amount of Rs. 13,51,714/= lying with the respondent no.1-Department out of the total amount of Rs. 20,00,000/= seized. However, there was no response at all and the amount of Rs. 13,51,714/= came to be continued to be retained by the respondents; more particularly, the respondent No.1, and therefore, the petitioner has preferred the present Special Civil Application seeking direction to the respondent no. 1 to return the amount of Rs. 13,51,714/= with interest from the date of passing of the order of assessment. 3. Heard Shri Dipen C Shah, learned advocate appearing on behalf of the petitioner and Shri K.M Parikh, learned advocate for the respondent-Revenue. 4. It is vehemen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the tax liability of Rs. 11,77,524/=, after giving credit of the self assessment tax paid and the TDS already deducted, the Assessing Officer adjusted sum of Rs. 6,48,286/=, being the balance tax liability from the amount of Rs. 20 lacs seized. It is submitted that thereafter, the assessee preferred appeal before the learned CIT [A] and the learned CIT [A] deleted the additions made in the hands of the assessee of Rs. 20,15,500/=. It is submitted that immediately thereafter, the Department returned the amount of Rs. 6,48,286/= with interest ie., in all Rs. 7,72,550/= on 26th May 2014, while giving effect to the order passed by the learned CIT [A]. It is submitted that thereafter, the Revenue preferred Appeal before the learned Tribunal chal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y came to be determined at Rs. 11,77,524/=. That against the aforesaid tax liability, Rs. 3,02,490/= came to be adjusted and/or given credit with respect to self-assessment tax already paid by the assessee. Department gave credit of Rs. 2,26,748/= with respect to TDS already deducted and the balance amount of Rs. 6,48,283/= came to be adjusted/recovered from the amount of Rs. 20,00,000/= seized/retained. Thus, on and after 31st December 2012, there was not further tax liability of the petitioner-assessee and no amount was due and payable by the assessee to the Department towards any tax liability and/or any other liability. Under the circumstances, the balance amount of Rs. 13,51,714/= ought to have been returned to the petitioner. 8. At ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
