Marble Centre International P. Ltd. v. ACIT (2020)425 ITR 654 / 192 DTR 337/316 CTR 1/ 272 Taxman 248 (Karn)(HC) / Rpg Marble Pvt. Ltd. v ACIT (2020)425 ITR 654 / 192 DTR 337/316 CTR 1/ 272 Taxman 248 (Karn)(HC)

S. 234B : Interest – Advance tax – Paying four instalments of advance tax prior to search and seizure- Communication sent to adjust advance tax against cash seized during search — Date of communication to be taken as date of payment of advance tax [ S.132B 234C ]

The assessee agreed to disclose Rs. 50 lakhs and stock of Rs. 1.40 crores as additional income for the assessment year 2007-08 and sent a communication dated March 15, 2007, in which a request was made to treat Rs. 50 lakhs out of the cash seized as advance tax payable by the assessee for the assessment year 2007-08.  The AO has not allowed the interest on cash seized .The CIT(A) held that the assessee was entitled to relief in respect of the interest from the date of filing of the return till the date of the order of assessment and partly allowed the appeal. The Tribunal dismissed the appeal filed by the assessee. On appeal the court held that the date of payment of tax by the assessee was March 15, 2007, i. e., the date on which the request was made by the assessee to adjust the cash seized against the advance tax payable towards the tax for the assessment year 2007-08. The assessee had offered a sum of Rs. 50 lakhs on March 15, 2007 towards the advance tax payable for the assessment year 2007-08. According to the statement of income prior to the seizure of cash, the assessee had also paid advance tax in four instalments. However, the Department did not adjust these amounts even though the cash was available with it. The date of payment of tax shall be taken as March 15, 2007, i. e., the date on which the request was made by the assessee to adjust the cash seized against the advance tax payable for the assessment year 2007- 08.( AY.2007-08)