Pr. Commissioner Of Income-tax- Central, Jaipur v. Miraj Developers Pvt. Ltd
[Citation -2019-LL-0729-13]

Citation 2019-LL-0729-13
Appellant Name Pr. Commissioner Of Income-tax- Central, Jaipur
Respondent Name Miraj Developers Pvt. Ltd.
Court HIGH COURT OF RAJASTHAN AT JODHPUR
Relevant Act Income-tax
Date of Order 29/07/2019
Judgment View Judgment
Keyword Tags advance tax liability • cash seized
Bot Summary: The question of law sought to be urged is whether the cash seized from the third party, could be adjusted towards liability of the assessee under Section 132(B) of the Income Tax Act, 1961. The same question is subject matter of an appeal by the Revenue D.B. Income Tax Appeal No.107/2018, Pr.Commissioner of Income Tax-Central, Jaipur Vs. M/s Miraj Developers Pvt. Ltd., wherein this Court held that there is no substantial question of law, in the following terms:- 3. During the course of the appeal, the CIT(A) noticed that the assessee had in fact sought adjustment expressly relying upon the No Objection Certificate/consent given by the party from whom the cash had been seized. Taking that into consideration and also relying upon the departmental circulars and rulings of the various Benches of the ITAT, which had held that Section 132 includes advance tax liability, the CIT(A) granted relief. The Revenue urges that the ITAT erred in holding that the adjustment/credit could be given of the seized cash from the third party as existing liabilities of assessee. In the opinion of this Court, having regard to the circumstances that findings are concurrent and based upon the appreciation of documents which pointed to the fact that the owners of cash seized had given consent of its being adjusted/treated as belonging to the assessee, there can be no intervention; as no substantial question of law arises. Having regard to the facts of the present case, the appeal is dismissed.


HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Income Tax Appeal No. 161/2018 Pr. Commissioner Of Income Tax- Central, Jaipur, Jaipur Appellant Versus M/s Miraj Developers Pvt. Ltd., 1St Floor, Miraj House, Swikriti Plaza, Panchwati, Udaipur. Respondent For Appellant(s) : Mr.K.K.Bissa For Respondent(s) : Mr.Abhishek Mehta HON'BLE CHIEF JUSTICE S. RAVINDRA BHAT HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI Order 29/07/2019 1. question of law sought to be urged is whether cash seized from third party, could be adjusted towards liability of assessee under Section 132(B) of Income Tax Act, 1961. 2. same question is subject matter of appeal by Revenue [D.B. Income Tax Appeal No.107/2018, Pr.Commissioner of Income Tax-Central, Jaipur Vs. M/s Miraj Developers Pvt. Ltd.], wherein this Court held that there is no substantial question of law, in following terms:- 3. During course of appeal, CIT(A) noticed that assessee had in fact sought adjustment expressly relying upon No Objection Certificate/consent given by party from whom cash had been seized. Taking that into consideration and also relying upon departmental circulars and rulings of various Benches of ITAT, which had held that Section 132 (B) includes advance tax liability, CIT(A) granted relief. 4. Revenue urges that ITAT erred in holding that adjustment/credit could be given of seized cash from third party as existing liabilities of assessee. (2 of 2) [ITA-161/2018] 5. In opinion of this Court, having regard to circumstances that findings are concurrent and based upon appreciation of documents which pointed to fact that owners of cash seized had given consent of its being adjusted/treated as belonging to assessee, there can be no intervention; as no substantial question of law arises. 3. same logic and reasoning would apply in present case as well. 4. Having regard to facts of present case, appeal is, therefore, dismissed. (DR. PUSHPENDRA SINGH BHATI),J (S. RAVINDRA BHAT),CJ 31-Kshama Dixit/- Pr. Commissioner Of Income-tax- Central, Jaipur v. Miraj Developers Pvt. Ltd
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