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TMI Blog2022 (4) TMI 548X X X X Extracts X X X X X X X X Extracts X X X X ..... the new jurisdictional AO can do this and in case of transfer the successor AO can do so. The assessee has to furnish details of different payments of tax by way of advance tax, TDS and self-assessment tax to the AO. The AO after verifying the same showing the various payments of tax by the assessee has to give due credit to those payments relating to the assessee s account and pass fresh order in accordance with law, after giving opportunity of being heard to the assessee. Accordingly, the issue in dispute is remitted to the Assessing Officer for fresh decision. Appeal by the assessee is partly allowed. - ITA No.603/Bang/2021 - - - Dated:- 7-4-2022 - Shri Chandra Poojari, Accountant Member And Smt. Beena Pillai, Judicial Member ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Act dated 31.12.201( on the facts and circumstances of the case. 5. The learned Commissioner of Income-tax (Appeals) failed to appreciate that is not mistake apparent from the record of the present Assessing Officer in the assessment order passed under section 153A r.w.s 143(3) of the Act dated 01.03.2016 to invoke the provisions of section 154 of the Act since the credit of ₹ 3,00,000/- was already given by the learned Assessing Officer at Hyderabad at the time of passing the assessment order u/s 153A of the Act dated 31.12.2010 on the facts and circumstances of the case. 6. The learned Commissioner of Income-tax (Appeals) without prejudice failed to appreciate that the learned Assessing Officer at Hyderabad ought to have iss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed Assessing Officer a sum of ₹ 2,00,000/- being tax credit given in the assessment order on the facts and circumstances of the case. 11. The learned Assessing Officer is not justified in law in levying the interest under section 234A, 234B and 234C of the Act on the facts and circumstances of the case. 12. The learned Assessing Officer is not justified in law in issuing the demand notice under section 156 of the Act for a sum of ₹ 77,455/- on the facts and circumstances of the case. 13. The appellant craves for leave of this Hon'ble Tribunal, to add, alter, delete, amend or substitute any or all of the above grounds of appeal as may be necessary at the time of hearing. 14. For these and other grounds that may be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessment order under Section 153A r.w.s. 143(3) of the Act was passed by the AO on 01/03/2016 determining total income of the appellant at ₹ 2,08,10,736/- and tax payable there on was determined at ₹ 56,65,028/-. Later on, it was observed by the AO that excess tax credit for advance tax (₹ 2,00,000/-) and self-assessment tax (₹ 3,00,000/-) had been allowed to the appellant. So a notice under Section 154 of the Act was issued by the AO to the appellant. The appellant objected to the same. However, the AO proceeded with his action of rectification and passed an order under Section 154 of the Act on 24/10/2017. 5. Before the CIT(Appeals), the contention of the appellant is that the cash of ₹ 3,00,000/- sei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... so. 7. As regards merit of the rectification, the CIT(A) noted that the appellant has not brought anything on record to show that self-assessment tax of ₹ 3,00,000/-was ever paid by him. The credit of amount of ₹ 5,00,000/- paid by him on 29.09.2009 has already been 'allowed by the AO and the same is part of the total self-assessment tax of ₹ 20,00,000/-, for which credit has been allowed by the AO. In relation to Advance tax, here again the appellant has failed to show that any advance tax of ₹ 2,00,000/- was ever paid by him on 16.12.2008. The seized cash of ₹ 3,00,000/- was paid into the PD account and as per provisions of Section 132B the seized cash could not have been adjusted against advance tax. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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