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TMI Blog2025 (2) TMI 222X X X X Extracts X X X X X X X X Extracts X X X X ..... 196/B/2022 2018-19 28.01.2022 ITBA/APL/M/250/2021-22/1039143713(1) 736/B/2022 2018-19 24.06.2022 ITBA/REC/M/154/2022-23/1043555424(1) 2. For the sake of convenience, the above appeals are decided by way of this consolidated order since. ITA No.196/Bang/2022- Facts which are relevant for the appeal- 3. The brief facts as coming out from the order of the authorities below are that a search and seizure action was initiated in the case of Shri D.K. Shivakumar on 2.8.2017. Consequently, the premises of the assessee was also searched on the same day, during which certain incriminating documents pertaining to the present assessee were found. The case of the assessee was thereafter centralized with DCIT, Central Circle 1(4), Bengaluru by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... present assessee vide his order dated 31.12.2019. Against this order assessee preferred an appeal before the CIT(A) who confirmed the order of AO under section 143(3) vide order dated 03.05.2022. And thereafter the assessee went before the Hon'ble High Court in writ and assailed the order of AO dated 31.12.2019 and CIT(A) order dated 03.05.2022. 6. After completion of the assessment proceedings, the assessee filed a rectification application before the AO on 31.01.2020. The same was decided by the AO on 20.02.2020 (Appeal Set Page Number- 125). The AO dismissed the request of assessee regarding the assessment of cash in the hands of assessee on substantive basis and levy of interest under section 234A of the Act. 7. Subsequently the AO is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 15-16 to 2018- 19 inter alia challenging various legal issues such as validity of notice u/s. 153C, etc. The Hon'ble jurisdictional High Court vide order dated 17.8.2022 has observed as under :- "27. Taking into the account the law enunciated by the Hon'ble Apex Court referred to above, the points for determination is answered in favour of petitioner. In the result, I pass the following: ORDER (1) Writ Petitions No. 9937, 9938 and 9939 of 2022 are allowed and impugned Notices dated 21st August, 2019 and further proceedings thereof are quashed by remanding the matter to the respondent-Revenue to reconsider the issue afresh in terms of the discussion made above; (2) Writ petition No. 9945 of 2022 is allowed and Order dated 03rd Ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and the impugned order rendered by the learned Single Judge do not suffer from any infirmity and further, no warranting circumstances arise for interference. Consequently, these appeals deserve to be rejected as being devoid of merits. 56. In the light of the above said Apex court Decisions and the Panchanama provided herein, it is deemed appropriate to conclude that the notice provided under section 153C is bad in law. We are therefore clearly of the opinion that the learned Single Judge is right in allowing the Writ petitions. Accordingly, we proceed to pass the following: ORDER The appeals preferred by the appellant/Revenue are hereby rejected. Consequently, the order passed by the learned Single Judge in W.P.Nos.9937/2022 C/w. W ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sh which was found, the respondent/assessee had filed his Income-tax Return including the said cash as advance tax, and the same was also accepted by the Income-tax Department. Even the cross-examination of all the parties involved also proves that clearly the cash found belonged to Shri Sunil Kumar Sharma." 16. It is the categorical finding of the Hon'ble jurisdictional High Court that the cash found was belonging to the assessee only and the revenue has also accepted the said cash as payment of advance tax. It is further worthy to note that the assessee vide letter dated 18.11.2019 has categorically stated that cash seized from the premises of the assessee may be adjusted against the outstanding tax liability. Therefore, we are of the vi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore the filing of the present appeal. 20. Now the assessee has come up in appeal inter alia contending that the ld. CIT(A) is not correct in dismissing the appeal of the assessee. 21. The ld. DR relied on the orders of authorities below. 22. We have heard the rival submissions and perused the material on record. In ITA No.196/Bang/2022 (supra), we have already held that the cash seized from the premises of assessee is to be adjusted against the tax liability of the assessee and hence we are of the view that the ld. CIT(A) was not correct in dismissing the appeal of the assessee for want of deposit of tax. 23. However, even if we condone the mistake committed by the ld. CIT(A), the fact of the matter is that whether the assessee is enti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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