2014 (11) TMI 938 - HC - Income Tax

Direction to give credit of amount w.e.f 28.02.2009 Calculation of amount of interest u/s 234A 234B 234C Held that - Revenue contended that explanation 2 to Section 132B(4)(a) of the Act clearly states that for the removal of doubts and that existing liability does not include advance tax payable in accordance with the provisions of Part-C of Chapter-XVII and therefore the amount of 27, 00, 000/- seized has to be calculated as per Section 132B(4)(a) of the Act and the same cannot be taken as advance tax from the date of seizure of the amount revenue is directed to consider the application of assessee in accordance with the provisions of the Income Tax Act and in the decision of Shri Mahesh Choudhary Versus Commissioner of Income Tax Bihar II Ranchi 2014 (11) TMI 906 - JHARKHAND HIGH COURT - the assessee is directed to appear before the 3rd respondent - Decided in favour of assessee.

Summary

Issues:
1. Direction sought for giving credit of seized amount for interest calculation under Income Tax Act.
2. Interpretation of provisions related to seized amount adjustment against tax liability.
3. Consideration of seized amount as advance tax.
4. Application of relevant judgments in determining the treatment of seized amount.

Analysis:
1. The petitioner filed a writ petition seeking a direction for the Assistant Commissioner of Income Tax to credit the seized amount of Rs. 27,00,000 for interest calculation under Sections 234A, 234B, and 234C of the Income Tax Act, 1961. The petitioner relied on judgments of the Hon'ble Supreme Court and a Division Bench of the High Court in a specific case (Mahesh Choudhary's case) to support their claim.

2. The search and seizure operation resulted in the seizure of Rs. 27,00,000 from the petitioner. Subsequently, the petitioner filed returns disclosing income, and the Assessing Officer determined a different total income. Appeals were made to the CIT (Appeals) and the Income Tax Appellate Tribunal (ITAT), which partially allowed the appeals. The Revenue appealed to the High Court, and during this process, the petitioner requested the seized amount to be treated as advance tax.

3. The petitioner argued that the seized amount should be considered as advance tax from the date of seizure based on relevant provisions of the Act and various judgments. The Revenue contended that as per Section 132B(4)(a) of the Act, the seized amount cannot be treated as advance tax. The Court directed the 3rd respondent to consider the petitioner's application and subsequent letter based on the Act's provisions and relevant judgments, instructing the petitioner to appear before the respondent for further proceedings.

4. The Court, without delving into the merits of the arguments, directed the 3rd respondent to review the petitioner's application in line with the law and relevant judgments, including the one in Mahesh Choudhary's case. The petitioner was given a timeframe to appear before the respondent, who was instructed to pass orders after providing an opportunity for a hearing within a specified period. The writ petition was disposed of with these directions, emphasizing compliance with legal provisions and precedents in handling the seized amount issue.