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TMI Blog2025 (2) TMI 222X X X X Extracts X X X X X X X X Extracts X X X X ..... e Hon'ble jurisdictional High Court.
Treatment of cash seized from the premises of the assessee - It is the categorical finding of the Hon'ble jurisdictional High Court that the cash found was belonging to the assessee only and the revenue has also accepted the said cash as payment of advance tax. It is further worthy to note that the assessee vide letter dated 18.11.2019 has categorically stated that cash seized from the premises of the assessee may be adjusted against the outstanding tax liability. Therefore, we are of the view that the cash found from the premises of the assessee was actually belonging to the assessee and hence in terms of the request of the assessee, the same cash shall be treated as payment of advance tax by the assessee. Assessee appeal allowed.
Deduction of employees contribution of PF & ESI amount paid beyond the due date specified under the relevant regulations, is no more res integra in view of the judgment of the Hon'ble Supreme Court in the case of Checkmate [2022 (10) TMI 617 - SUPREME COURT]. Therefore, there is no merit in restoring the matter back to the file of the ld. CIT(Appeals) and opportunity of being heard to the assessee. X X X X Extracts X X X X X X X X Extracts X X X X ..... individual and running business of transport under the name & style of Sharma Transport. Thereafter, the AO framed assessment after making various additions as mentioned in the assessment order dated 31.12.2019. So far issue of cash seizure is concerned the AO taxed this amount on protective basis in the hands of the present assessee vide his order dated 31.12.2019. Against this order assessee preferred an appeal before the CIT(A) who confirmed the order of AO under section 143(3) vide order dated 03.05.2022. And thereafter the assessee went before the Hon'ble High Court in writ and assailed the order of AO dated 31.12.2019 and CIT(A) order dated 03.05.2022. 6. After completion of the assessment proceedings, the assessee filed a rectification application before the AO on 31.01.2020. The same was decided by the AO on 20.02.2020 (Appeal Set Page Number- 125). The AO dismissed the request of assessee regarding the assessment of cash in the hands of assessee on substantive basis and levy of interest under section 234A of the Act. 7. Subsequently the AO issued a notice u/s. 154 dated 7.9.2020 wherein it has been pointed out that the assessee has wrongly been given credit of advance t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ring the observation made above; (3) Writ Petition No. 9946 of 2022 is allowed and proceedings initiated under section 153C of the Act culminating in issuance of Notice dated 22nd August, 2019 are quashed and further proceedings thereof are quashed by remanding the matter to the respondent-Revenue to reconsider the issue afresh in terms of the discussion made above." (Relates to the impugned year) 12. The above order of the Hon'ble Single Judge of the jurisdictional High Court in WP Nos.9337 to 9939, 9945 & 9946 of 2022 has been challenged by the Revenue in appeal before the Hon'ble Division Bench of jurisdictional High Court and the Hon'ble Division Bench dismissed the appeal of the revenue and confirmed the order of the Hon'ble Single Judge vide order dated 22.1.2024 by observing as under:- "55. In the totality of circumstances, and also on dwelling in detail with the materials, it reveals that the learned Single Judge has considered all the points and has gone through the reliances facilitated on both sides and has rendered the impugned order, which has been challenged by filing the present appeals. The grounds urged in the appeals preferred by the appellant/Revenue, do not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as also accepted by the Income-tax Department. Even the cross-examination of all the parties involved also proves that clearly the cash found belonged to Shri Sunil Kumar Sharma." 16. It is the categorical finding of the Hon'ble jurisdictional High Court that the cash found was belonging to the assessee only and the revenue has also accepted the said cash as payment of advance tax. It is further worthy to note that the assessee vide letter dated 18.11.2019 has categorically stated that cash seized from the premises of the assessee may be adjusted against the outstanding tax liability. Therefore, we are of the view that the cash found from the premises of the assessee was actually belonging to the assessee and hence in terms of the request of the assessee, the same cash shall be treated as payment of advance tax by the assessee. Therefore, the appeal of the assessee for AY 2018-19 in ITA No.196/Bang/2022 is allowed as indicated above. ITA No.105/Bang/2022- arising from the order of 143(1) dated 29.11.2019 17. This appeal of the assessee is arising from the order of the ld. CIT(Appeals) dated 22.12.2021 and relates to AY 2018-19. In this case the issue is disallowance of Rs. 26,86 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rn of income after the issuance of 143(2) notice are not applicable for the impugned year as evident from the provisions of section 143(1D), which provides that provisions of this sub section would not be applicable for the assessment year commencing on or after 1st April 2017. Here we are dealing with AY 2018-19 which is obviously out of the purview of section 143(1D) of the Act. 24. Hence the appeal of the assessee is dismissed on merits. ITA No.736/Bang/2022 25. This appeal of the assessee is arising from the order of the ld. CIT(A) dated 24.6.2022. Assessee has filed a rectification application before the ld. CIT(A) on 24.1.2022 against the ld. CIT(A)'s order dated 22.12.2021. However, the ld. CIT(A) dismissed the rectification application of the assessee on the ground that there was no mistake apparent in his order dated 22.12.2021. 26. Now the assessee has come up in appeal before us. 27. The ld. DR relied upon the orders of the lower authorities. 28. After considering the rival submissions, we are of the view that the present appeal has become academic as we have already adjudicated the issue regarding allowability of PF & ESI contribution on merits in ITA No.105/Bang/ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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