2002 (3) TMI 209 - AT - Income Tax

Summary

Issues Involved:

1. Interest charged u/s 139(8) and 215/217 of the Income-tax Act.
2. Adjustment of seized cash and bank guarantee towards advance tax.
3. Applicability of section 132B for adjusting seized amounts.
4. Validity of the CIT(A)'s orders deleting the interest charged.

Summary:

1. Interest charged u/s 139(8) and 215/217 of the Income-tax Act:

The Revenue's appeals and the assessees' cross-objections focused on the deletion of interest charged under sections 139(8) and 215/217 by the CIT(A), Ludhiana. The CIT(A) observed that since the department had seized cash and bank guarantees and the assessees had requested their adjustment towards advance tax, the DCIT was not justified in charging interest by holding that the advance tax had not been paid.

2. Adjustment of seized cash and bank guarantee towards advance tax:

The Assessing Officer did not adjust the seized amount or the realized bank guarantee as advance tax and instead adjusted these amounts on the date of the assessment order. The assessees contended that the above amounts should be treated as advance tax paid, as requested in their letter dated 2-12-1987. The CIT(A) agreed with the assessees and deleted the interest charged.

3. Applicability of section 132B for adjusting seized amounts:

The ld. DR argued that seized amounts could only be adjusted in terms of section 132B of the Income-tax Act and not as advance tax. The Revenue relied on decisions from the Hon'ble Madhya Pradesh High Court and Hon'ble Patna High Court, which supported the view that seized amounts cannot be treated as advance tax. However, the Tribunal found that the order under section 132(5) retained the seized assets for adjustment against the current year's liabilities, making it reasonable for the assessee to take credit for the seized amount as per the recovery made by the Revenue authority.

4. Validity of the CIT(A)'s orders deleting the interest charged:

The Tribunal upheld the CIT(A)'s orders, stating that the Revenue's approach of charging interest despite retaining the seized assets for adjustment against current liabilities was unjustified. The Tribunal emphasized that credit for the entire amount should be given, and interest should be calculated with reference to the date on which the amount was paid or recovered. The matter was remitted back to the Assessing Officer to pass fresh orders relating to interest charged under sections 234A and 234B, considering the principles laid down in the Tribunal's order.

Rectification Order:

The Tribunal rectified the typographical error in the date of the order u/s 132(5), correcting it to 13-01-1988 at all relevant places in the decision.