Ranjita Jena, Angul V. ACIT, Central Circle, Cuttack

MA 43/CTK/2021

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 4824 (ITAT-CUTTACK)
• Duration Of Justice: 9 month(s) 7 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 06-04-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2013-2014
• Appeal Filed On: 29-06-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Search and seizure

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, BEFORE S/ AND ARUN KHODPIA, ACCOUNTANT MEMBER Ranjita Jena, At: Amalapada, Talcher Town, Talcher PAN/GIR No. (Appellant Per C.M.Garg By way of these at the request of the assessee, the appeals applications under Vivad se Vishwas Scheme for asse and 2015-16 and order of the Tribunal dated 28.1.2021. 2. It is stated in the petitions demand by issuing notice u/s 15 & 2015-16, respectively thereby reducing the demand Rs.3,32,867/ Rs.2,05,975/-. It is submitted that the amount of Rs.14,00,000/ IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK S/SHRI CHANDRA MOHAN GARG, JUDICIAL AND ARUN KHODPIA, ACCOUNTANT MEMBER M.A.Nos. 42 & 43/CTK/2021 (in IT(ss)A Nos.82 & 83/CTK/2019 Assessment Years : 2014-15 & 2015 Ranjita Jena, At: Amalapada, Talcher Town, Talcher Vs. ACIT, Central Circle, Cuttack No.ACVPJ 3787 A (Appellant) .. ( Respondent Assessee by : Shri J.M.Patnaik Revenue by : Shri S.C.Mohanty, Addl. Date of Hearing : 5 /4/ 20 Date of Pronouncement : 7 / O R D E R g, JM By way of these miscellaneous petitions, the assessee submitted that at the request of the assessee, the appeals were withdrawn based on under Vivad se Vishwas Scheme for asse 16 and order of the Tribunal dated 28.1.2021. It is stated in the petitions that the Assessing Officer has rectified the demand by issuing notice u/s.156 of the Act for the assessment years 2014 16, respectively thereby reducing the demand Rs.3,32,867/ . It is submitted that the amount of Rs.14,00,000/ Page1 | 5 IN THE INCOME TAX APPELLATE TRIBUNAL, JUDICIAL MEMBER AND ARUN KHODPIA, ACCOUNTANT MEMBER M.A.Nos. 42 & 43/CTK/2021 82 & 83/CTK/2019 15 & 2015-16 ACIT, Central Circle, Respondent) J.M.Patnaik , AR S.C.Mohanty, Addl. CIT (DR) / 2022 /4/2022 miscellaneous petitions, the assessee submitted that were withdrawn based on under Vivad se Vishwas Scheme for assessment year 2014-15 16 and order of the Tribunal dated 28.1.2021. that the Assessing Officer has rectified the .156 of the Act for the assessment years 2014- 16, respectively thereby reducing the demand Rs.3,32,867/- and . It is submitted that the amount of Rs.14,00,000/- was M.A.Nos. 42 & 43/CTK/2021 (in IT(ss)A Nos.82 & 83/CTK/2019 Assessment Years : 2014-15 & 2015-16 Page2 | 5 seized under the seizure operation u/s.132 of the Act by Investigation Wing of the Department and lying in the department without any adjustment. Hence, as the seized cash of Rs.14,00,000/- is lying with the PD account with the PCIT, Bhubaneswar without adjustment, therefore, direction may be issued to PCIT for issuing necessary challans to that effect as per revised demand notice of Rs.3,32,867/- and Rs.2,05,975/- for the assessment year 2014-15 & 2015-16 respectively in order to avail the benefit of the Vivad Se Viswas Scheme by the assessee as a senior citizen. 3. Ld A.R. of the assessee reiterated the submissions made in petition and requested to direct the Pr. CIT to issue challans as stated above. Ld DR did not object to the submissions of ld A.R. of the assessee. 4. We have perused the miscellaneous petitions as well as the order of the Tribunal dated 28.1.2021. The appeals before the Tribunal for the respective assessment years 2014-15 & 2015-16 were dismissed as withdrawn on the ground that the assessee has applied to settle the dispute involved in the said appeals under the Direct Tax Vivad Se Vishwas Scheme. We find that undisputedly, the AO has revised the demand by issuing notice u/s.156 of the Act for the assessment years 2014-15 & 2015-16 at Rs.2,05,975/- as against Rs.3,26,909/- for A.Y. 2015-16 and Rs.3,32,867/- as against Rs.6,62,462/- for A.Y. 2014-15. M.A.Nos. 42 & 43/CTK/2021 (in IT(ss)A Nos.82 & 83/CTK/2019 Assessment Years : 2014-15 & 2015-16 Page3 | 5 5. First of all, we observe that from the contention & prayer in the miscellaneous applications of the assessee that no mistake has been pointed out by the assessee in the order dated 28.1.2021, which requires any rectification in the said order u/s.254(2) of the Income tax Act, 1961 (for brevity ‘The Act’). Therefore, we are of the considered view that there is no apparent mistake in the Tribunal order dated 28.1.2021. 6. From the submissions and prayer of the assessee in the M.As, we further observe that there was a search and seizure operation u/s.132 of the Act and the cash was seized. As per M.A. para 5, Rs.17,86,000/- was seized and as per written submission Rs.14,00,000/- was seized which are still lying unadjusted with the department. Since the assessee is a senior citizen and business has been closed since A.Y. 2016-17 and no means to pay due taxes under Vivad-se-vishwas scheme to pay Rs.3,32,867/- and Rs.2,05,975/-, respectively. The assessee also filed an application on 22.6.2021 requesting the adjustment to Pr. CIT, Bhubaneswar, Range-1. Therefore, ld Pr. CIT, Bhubaneswar Range-1, may kindly be directed to direct the AO to allow adjustment of the due taxes out of seized cash amount and to issue challans to avail benefit of Vivad-Se-Viswas Scheme by the department as senior citizen. 7. In view of above, we reach to a logical conclusion that no rectification is required to be made in the Tribunal order dtd.28.1.2021 as there is no apparent mistake therein. So far as prayer of adjustment of due M.A.Nos. 42 & 43/CTK/2021 (in IT(ss)A Nos.82 & 83/CTK/2019 Assessment Years : 2014-15 & 2015-16 Page4 | 5 taxes for both the assessment years is concerned, keeping in view status of senior citizen and his financial position and also considering the undisputed factual position that the cash more than the tax demand was seized during the course of search operation. We are of the considered opinion that the due taxes in A.Y. 2014-15 & 2015-16, should be adjusted out of unutilized amount, which is lying with department. Therefore, in the interest of justice, the ld PCIT, Bhubaneswar , Range-1 is expected to consider the application of the assessee dated 22.6.2021 seeking adjustment and to issue appropriate directions to the AO to adjust amount of due taxes for A.Y. 2014-15 & 2015-16 out of cash amount (seized during search & seizure operation u/s.132 of the Act) preferably before 30.4.2022. With the above direction, MAs filed by the assessee are disposed of. 8. In the result, M.A.s filed by the assessee are disposed of with the directions as indicated above. Order pronounced on 7 /4/2022. M sd/- sd/- (Arun Khodpia) (Chandra Mohan Garg) ACCOUNTANT MEMBER JUDICIAL MEMBER Cuttack; Dated 7 /04/2022 B.K.Parida, SPS (OS) M.A.Nos. 42 & 43/CTK/2021 (in IT(ss)A Nos.82 & 83/CTK/2019 Assessment Years : 2014-15 & 2015-16 Page5 | 5 Copy of the Order forwarded to : By order Sr.Pvt.secretary ITAT, Cuttack 1. The Appellant : Ranjita Jena, At: Amalapada, Talcher Town, Talcher 2. The Respondent. ACIT, Central Circle, Cuttack 3. The CIT(A)-, Cuttack 4. Pr.CIT-, Cuttack 5. DR, ITAT, Cuttack 6. Guard file. //True Copy//