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TMI Blog2013 (11) TMI 1441X X X X Extracts X X X X X X X X Extracts X X X X ..... terest of the Revenue cannot be absolved on the so called extra burden - The respondents are directed to pay the interest on the remaining amount u/s 244A of the Income Tax Act, 1961 to the petitioner – Decided in favour of petitioner. - Writ Tax No. - 1367 of 2010 - - - Dated:- 18-12-2012 - Hon'ble R.K. Agrawal And Hon'ble Ram Surat Ram (Maurya),JJ. For the Petitioner : Birendra Singh,Rakesh Kumar,Satya Prakash Sharma For the Respondent : C.S.C.,Govind Krishna. ORDER Delivered by Hon'ble Ram Surat Ram (Maurya),J 1. Heard Sri Rakesh Kumar, counsel for the petitioner and Sri Govind Krishna. Senior Standing Counsel for the Revenue. 2. This writ petition has been filed for quashing the order dated 14.09.2010 passed by In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ged to him. 4. The ADIT requisitioned the cash amount of Rs. 4,68,000/- and silver ornaments of 211 gms on 12.05.1998 from the police authorities. Thereafter, notice u/s 158-BC was issued to the petitioner on 14.07.1998 (served on 03.08.1998), to show the income for the block period from 01.04.1988 to 12.05.1998 and file the return of income tax. In compliance of the aforesaid notice, the petitioner filed his return of the aforesaid block period. The Assessing Officer by order dated 09.05.2000 held that the subsequent statements of the petitioner given before the criminal court as well as in the assessment proceedings, were afterthought and the first statement recorded by ADIT was the correct statement. Accordingly, the undisclosed income ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the aforesaid order, respondent-4 vide order dated 23.04.2010 directed for refund of the money. The petitioner filed an application dated 21.05.2010 u/s 154 of the Act for rectifying the order dated 23.04.2010 by awarding interest u/s 244-A of the Act on the aforesaid amount. The application was rejected by respondent-4 by order dated 14.09.2010. Hence, this writ petition has been filed. 6. The counsel for the petitioner stated that the seizure of the amount was found illegal by the Tribunal, as such the amount of income tax deducted vide order dated 09.05.2000, from the seized money was income tax paid by the petitioner and the petitioner is entitled for interest u/s 244A of the Act on this amount. Respondent-4 has illegally rejected th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to existence after the completion of the assessment/reassessment order. Thus there is no overlapping between the two provisions. 9. Admittedly notice u/s 158-BC was issued to the petitioner and assessment proceeding was drawn. The petitioner filed his return of the block period. The Assessing Officer by order dated 09.05.2000 held the undisclosed income of the petitioner for the block period as Rs. 5,38,400/- and assessed income tax of Rs. 3,23,040/-. Demand of Rs. 3,23,040/- was raised from the petitioner and on the basis of the application of the petitioner, the amount of Rs. 3,23,040/- was adjusted as income tax. As such arguments of Senior Standing Counsel that Section 244-A is not applicable, is not liable to be accepted. 10. So fa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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