Mahendra R.Kothari, Ahmedabad vs Assessee on 13 January, 2014
10. Under the peculiar facts and more particularly in the light of judgment of the
Hon'ble Supreme Court, we are of view that the action of the authorities
below is not justified. We therefore, set aside the order of A.O. and CIT(A),
the issue is remitted back to the file of A.O. to decide the issue afresh with
direction to grant credit of the seized cash, in the light of judgment of Hon'ble
Apex Court rendered in the case of Chironjilal Sharma HUF vs. Union of India
and Ors. (supra) to recalculate the interest payable, if any, after granting
adequate opportunity of hearing to the Assessee.