TMI Blog2020 (11) TMI 112X X X X Extracts X X X X X X X X Extracts X X X X ..... ial proceedings also will become invalid. The right course of action for the assessee would have been to challenge the above order of the Tribunal. By not challenging it, the finding of the Tribunal has become final and this Bench has no authority to set aside the finding of earlier Bench. Therefore, the assessee's appeal fails. - ITA No. 2081/Hyd./2017 - - - Dated:- 9-6-2020 - P. Madhavi Devi , Member ( J ) And A. Mohan Alankamony , Member ( A ) For the Appellant : C.P. Ramaswamy , A. R. For the Respondents : Sunil Kumar Pandey , D. R. ORDER P. Madhavi Devi, Member ( J ) 1. This is assessee's appeal for the block period 1987-88 to 1996-97 against the order of Ld. CIT(A)-7, Hyderabad dated 30.11.2016. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me, and, therefore, the income returned by the assessee in response to notice u/s. 158BC of the Act has to be brought to tax. With regard to charging of interest u/s. 220(2), the CIT(A) held that the assessee has admitted his liability to pay tax as per return filed and once the admitted tax is paid, other consequences follow i.e. charging of interest etc., CIT(A) accordingly dismissed the appeal. 3. Assessee is in second appeal before us by raising the following grounds. 1. The CIT(A) erred in not disposing the Ground that the order dated 13.05.2015 passed by the learned assessing officer is contrary to law. 2. The CTT(A) erred in not disposing the Ground that the learned Assessing Officer erred in raising demand against the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... including the return filed by assessee in response to such a notice are also invalid and non-est in law. He submitted that though the assessee had in fact raised an alternative ground before the Tribunal to refund the taxes paid in response to notice u/s. 158BC, the Tribunal had refused to admit and adjudicate the said ground, but the CIT(A) has erroneously held that the Tribunal has not annulled the assessment order and had only set it aside. He prayed that the cash found and seized during the course of search which was adjusted against the demand be directed to be refunded to the assessee in accordance with law. 3.2. Ld. DR on the other hand, supported the order of the Tribunal and submitted that the Tribunal has already considered ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or collected by the Revenue. Be that as it may, the Hon'ble Supreme Court in the case of CIT vs. Shelly Products and another 261 ITR 367 held that admitted tax should not be refunded. It was held that- Failure or inability to frame another assessment after the earlier assessment is set aside or nullified in appropriate proceedings does not entitle the assessee to claim refund of advance tax and tax paid on self-assessment, because to that extent the assessee has admitted his liability to pay tax in accordance with the law. If the assessing authority, on an earlier assessment made being set aside or nullified in appropriate proceedings, cannot make a fresh assessment, it amounts to deemed acceptance of the return of income furnishe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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