TMI Blog2023 (5) TMI 832X X X X Extracts X X X X X X X X Extracts X X X X ..... Considering the fact of deposit of tax payable under the IDS, 2016 by the assessee though after the original due date but much prior to the extended due date as well as prior to the issuance of Notification No. 103/2019, we find it proper to remit the matter back to the file of ld. AO for the purpose of verification of these facts and compute the interest if, applicable, in terms of the notification referred above It is important to note that assessee has discharged his tax liability in respect of declaration made by him under the IDS, 2016. Having done so, the benefits available under the IDS, 2016 should be given to the assessee. The Central Government itself relaxed the condition for making the payment of last installment by extendin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... umstances of the case as well as on the points of law the AO erred in making an addition of Rs. 23,01,612/- u/s 68 of the Income Tax Act and the Ld. CIT(A) also erred in confirming the same. iii. For that on the facts and circumstances of the case as well as on the points of law the AO erred in making an addition of Rs. 3,15,066/- being investment in FDR as deemed income u/s 69A of the Income Tax Act and the Ld. CIT(A) also erred in confirming the same. iv. For that on the facts and circumstances of the case as well as on the points of law the AO erred in making an addition of Rs. 28,40,277/- u/s 69 of the Income Tax Act and the Ld. CIT(A) also erred in confirming the same. v. For that any other ground/grounds may kindly be a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessee was dismissed. Ld. CIT(A) also observed that the last installment of tax, surcharge and penalty under IDS 2016 was due by 30.09.2017 which assessee had paid only on 21.12.2017 for an amount of Rs. 27,36,334/-. 4. Aggrieved, assessee is in appeal before the Tribunal. 5. Ld. Counsel for the assessee, at the outset, submitted that all the documents in Form No. 1 for making declaration under the IDS 2016, Form No. 2 for acknowledgement of declaration made in respect of IDS, 2016, Form No. 3 for intimation of payment of tax, surcharge and penalty in respect of IDS, 2016 and copies of prayer made for issuance of Form No. 4 under IDS, 2016 dated 20.01.2023 are placed on record. He further referred to another Notification No. 103/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 28.03.2017 5,00,000/- 6 29.03.2017 3,69,200/- 7 21.12.2017 27,36,334/- 8. After the final payment on 21.12.2017, Form No. 3 was filed on 22.01.2020. Ld. Counsel asserted that the last date for payment of amount payable under the IDS, 2016 was extended upto 31.01.2020, against which assessee had already deposited the entire amount by 21.12.2017 which is much before the extended last date, more so even before the issuance of the said notification which was issued on 13.12.2019. Despite this compliance, Form No. 4 under the IDS, 2016 has not been issued to the assessee, for which a prayer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed above. The entire dispute is in respect of deposit of amount due under the IDS, 2016 after the due date of 30.09.2017 that is on 21.12.2017. We take note of the Notification No. 103/2019 dated 13.12.2019 which has extended the due date for payment of tax under the IDS, 2016 along with interest and penalty in respect of income declared under the IDS, 2016 to 31.01.2020. 11. Considering the fact of deposit of tax payable under the IDS, 2016 by the assessee though after the original due date but much prior to the extended due date as well as prior to the issuance of Notification No. 103/2019, we find it proper to remit the matter back to the file of ld. AO for the purpose of verification of these facts and compute the interest if, applic ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
