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TMI Blog2014 (10) TMI 704X X X X Extracts X X X X X X X X Extracts X X X X ..... e's prayer for adjustment or for treating him differently - assessee's application has been rejected by referring to irrelevant provisions and facts that were not germane to the controversy and without considering whether benefit granted to the firm and Sh. Kesar Dass should also be granted to the assessee by adjusting the amount towards advance tax – thus, the matter is to be remitted back to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t. The firm surrendered ₹ 31 lacs as additional income for the assessment year 1987-88. A letter was written on 05.01.1987 to the Income Tax Officer, Ludhiana, with a request that tax payable on the basis of estimate of advance tax be adjusted out of the seized cash of ₹ 21 lacs. The Income Tax Department made adjustments in the case of M/s Ram Lal Kesar Dass and in case of Sh.Kesar Da ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iled another petition on 06.03.1994 which was rejected on 14.12.1994. Counsel for the petitioner submits that in the case of the firm and the petitioner's partner Sh.Kesar Dass, the advance tax has been adjusted against the amount recovered from the firm but in the case of the petitioner such a course has not been adopted and instead interest has been imposed. The respondents were, therefor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... adjusted this amount against advance tax payable by the firm and Sh.Kesar Dass and did not levy any interest but in the case of the petitioner has not allowed this adjustment and levied interest. A perusal of the impugned order reveals that no credible reason has been assigned for rejecting the petitioner's prayer for adjustment or for treating him differently. The petitioner's application ..... X X X X Extracts X X X X X X X X Extracts X X X X
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