During search, cash was seized from assessee and assessee filed return accepting cash seized as his undisclosed income. Assessing Officer issued notice of demand dated 30-12-2016, allowing assessee 30 days time for payment of demand-However, Assessing Officer adjusted seized cash against tax liability only on 21-3-2018 and levied interest. On appeal the Tribunal held that since cash seized was available for adjustment by Assessing Officer, and assessee made request for such adjustment during course of assessment proceeding as well as in post-assessment period, however, Assessing Officer had adjusted seized cash against tax liability demand dated 30-12-2016 only on 21-3-2018, assessee could not be held as assessee in default for non-payment of tax on time and thus, no interest under section 220 could be charged from assessee. (AY. 2015-16)
Kushal Narayan Patel. v. ITO (2025) 211 ITD 36 (Mum) (Trib.)
S. 220 : Collection and recovery-Assessee deemed in default-Seized cash-Adjustment-Notice of demand dated 30-12-2016-Cash adjusted on 21-3-2018-Cash seized was available with the Department-Interest cannot be charged. [S. 132B]
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