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Download eBook on Survey, Search & Seizure under ... - TaxGuru

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<strong>Survey</strong>, <strong>Search</strong> & <strong>Seizure</strong> | 71 |ii) Secti<strong>on</strong> 132B(1)(ii) further provides that if such assets c<strong>on</strong>sists ofm<strong>on</strong>ey or partly of m<strong>on</strong>ey and partly of other assets, such m<strong>on</strong>ey maybe applied in the discharge of the liabilities as reffered above.iii) Secti<strong>on</strong> 132 (1)(iii) provides that the assets other than m<strong>on</strong>ey may beapplied for discharging the liabilities as referred above.(iv) Secti<strong>on</strong> 132B(3) provides that remaining assets after meeting theaforesaid liabilities shall be returned to the pers<strong>on</strong> from whom custodysuch assets were seized.(v) Secti<strong>on</strong> 132(4)(A) provides that , interest shall be paid to the assesseeat the rate of 1 ½% p.m. or part thereof <strong>on</strong> the aggregate sum of a)the m<strong>on</strong>ey seized u/s 132 or requisiti<strong>on</strong> u/s 132A as reduced by theamount of m<strong>on</strong>ey if any released , and, b) the proceeds of assets soldtowards the discharge of existing liability in sec 132B(1)(i) exceeds theaggregate amount required to meet the liabilities referred to in clause132A(1)(i) .Such the interest shall be payable from the expiry of the period of 120 daysfrom the executi<strong>on</strong> of the last of the authorizati<strong>on</strong>s for search till the date ofcompleti<strong>on</strong> of assessment <strong>under</strong> secti<strong>on</strong> 153A or block assessment.Gems of judiciary1. Mohit Singh V. Assistant Commissi<strong>on</strong>er Of Income-Tax [2012] 20Taxmann.Com 745 (delhi).Where no additi<strong>on</strong>al tax liability was found against assessee either inblock assessment completed for relevant period or in assessment madefor following assessment year, amount seized during search c<strong>on</strong>ductedagainst assessee was to be refunded to him al<strong>on</strong>g with interest from dateblock assessment order was passed till date of paymentwww.taxguru.in

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