2016 (8) TMI 866 - AT - Income Tax

Computation of interest u/s 234B and adjustment of seized cash towards tax liability - Adjustment of seized cash towards the tax liability aroused on account of filing of revised returns u/s 153A - Held that - Charging of interest without adjusting the seized cash is unjustified when the funds of the assessee are already with the department and the assessee had not enjoyed these funds from the date of search. We find force in the arguments of the assessee for the reason that as per the provisions of section 132B of the Act, the seized assets are to be adjusted towards any existing tax liability under the direct taxes and towards any liability that arises on completion of assessment etc. In the present case on hand, on perusal of the documents available on record, we find that at the time of search the department has seized about ₹ 15.99 crores. The assessee has made several requests even before the investigation department towards adjustment of seized cash towards the tax liability aroused on account of filing of revised returns u/s 153A of the Act. The A.O. without adjusting the seized cash computed the interest up to the date of assessment. As per the provisions of section 234B of the Act, interest is required to be charged up to the date of filing of return u/s 153A of the Act. It is due to the fact that in the returns of income, the assessee had clearly made a request to adjust the seized amount towards the liability of self assessment tax. Once the return is filed, any tax due on account of income disclosed is amounting to existing tax liability and the department is bound to adjust the seized cash towards the existing tax liability of the assessee to the extent of liability of self assessment tax. Therefore, the A.O. is not correct on charging interest on total income assessed up to the date of assessment. The CIT(A) after considering the relevant facts directed the A.O. to charge the interest on returned income, up to the date of filing return of income in response to notice u/s 153A after adjusting the seized cash, and wherever there is a tax liability on account of additions made to assessed income, the interest is to be charged up to the date of assessment. We do not see any error or infirmity in the order passed by the CIT(A). Therefore, we are inclined to uphold the CIT(A) order and reject the ground raised by the revenue. The assessee has filed cross objections for all the years challenging the order of CIT(A), confirming the levy of interest u/s 234B up to the date of filing return of income in response to notice under sec. 153A on returned income and up to the date of assessment wherever there is additions to returned income. Therefore, for the reasons recorded in the preceding paragraphs, we dismiss the cross objections filed by the assessee for all the assessment years.

Summary

Issues Involved:
1. Legitimacy of the recurring deposits (R.D.) in various branches of Saptagiri Grameena Bank (SGB).
2. Method of calculating the net peak credit for the undisclosed income.
3. Adjustment of seized cash towards tax liability and computation of interest under section 234B of the Income Tax Act.

Issue-wise Detailed Analysis:

1. Legitimacy of the Recurring Deposits (R.D.) in Various Branches:
The core issue was whether the recurring deposits found in various branches of SGB belonged to the assessee. During the search and seizure operation, the assessee admitted to certain deposits but denied others. The Assessing Officer (A.O.) and the CIT(A) concluded that the denied deposits also belonged to the assessee, based on the statements of the bank managers and the inter-branch transactions. The CIT(A) held that the direct nexus among the deposits at various branches was established, and the branch managers, being public functionaries, had reliable knowledge of the ownership of these deposits. Therefore, the CIT(A) upheld the A.O.'s decision to assess the denied deposits as belonging to the assessee.

2. Method of Calculating the Net Peak Credit:
The A.O. calculated the branch-wise net peak credit without allowing for inter-branch transfers, leading to a higher undisclosed income. The assessee argued for the inclusion of inter-branch transfers to accurately reflect the net peak credit. The CIT(A) agreed with the assessee, stating that the A.O.'s method did not provide a correct picture since the funds were part of a common pool and were transferred among branches. The CIT(A) directed the A.O. to rework the net peak credit by considering inter-branch transfers, thus providing a more accurate assessment of the undisclosed income. The CIT(A) emphasized that the branches were located close to each other, making inter-branch transactions feasible. The CIT(A) also directed the A.O. to verify the deposits and instalments to ensure the correct computation of income.

3. Adjustment of Seized Cash and Computation of Interest under Section 234B:
The A.O. charged interest under section 234B up to the date of assessment without adjusting the seized cash towards the tax liability. The assessee contended that the seized cash should be adjusted against the tax liability, reducing the interest liability. The CIT(A) agreed with the assessee, stating that as per section 132B, the seized assets should be adjusted towards existing tax liabilities. The CIT(A) directed the A.O. to charge interest only up to the date of filing the return in response to the notice under section 153A, after adjusting the seized cash. The CIT(A) further directed that interest on any additional tax liability due to assessed income should be charged up to the date of assessment.

Conclusion:
The appeals filed by the revenue and the cross objections filed by the assessee were dismissed. The CIT(A)'s order was upheld, confirming that the denied deposits were part of the assessee's undisclosed income, the net peak credit should account for inter-branch transfers, and the seized cash should be adjusted against the tax liability before computing interest under section 234B.