- (1.) This is an appeal instituted by the Revenue against the order of the CIT(A) for the asst. yr. 1989-90 on the following ground : That, on the facts and in the circumstances of the case, the learned CIT(A) erred in directing that the non-treatment of sum of Rs. 1,62,194 was a mistake apparent from records.
(2.) This is a very peculiar case and briefly stated the facts of the case are that the intimation under s. 143(1)(a) of the IT Act, 1961, raising a demand of Rs. 14,123 was sent to the assessee. On receipt of the intimation, the assessee moved a rectification petition dt. 10th July, 1990, wherein the assessee requested the Assessing Officer (AO) to rectify the intimation under s. 143(1)(a) on the following ground : 2. Credit has not been allowed for Rs. 1,62,194 retained out of the total cash seized, in course of search and seizure operation in September/October. In this connection your kind attention is drawn to the order under s. 132(5) wherein on our request the said amount was treated as advance tax. Accordingly, credit for such amount of Rs. 1,62,194 has to be allowed as advance tax for the above assessment year.
(3.) The AO rejected the petition of the assessee vide his letter No. 11-085-CT-3363 - Inv. Cir-I(I) /Cal/332 dt. 16th Jan., 1991, stating therein that the assessees request for rectification of the case by allowing the credit of the seized amount of Rs. 1,62,194 as advance tax and also for interest under s. 244A on the refund cannot be allowed as there is no such clear provision in the IT Act, for rectification of order under s. 143(1)(a).;