ANIL GOYAL,HYDERABAD vs. ITO WARD 13(5), HYDERABAD

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ITA 760/HYD/2020Status: DisposedITAT Hyderabad25 March 20212 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the issue of double assessment of salary income could be a subject matter for rectification as it relates to the correct computation of taxable income. The Tribunal restored the grievance to the Assessing Officer for reconciliation.

What were the facts?

The assessee filed a rectification application under Section 154 of the Income Tax Act, 1961, challenging the double assessment of his salary income from Air Force services. Both the lower authorities rejected this application.

What were the issues?

Whether double assessment of salary income constitutes an apparent error rectifiable under Section 154 of the Income Tax Act.

Which sections of the Income-tax Act were involved?

Section 154

AI-generated summary — verify with the full judgment below

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Income Tax Appellate Tribunal, HYDERABAD ‘ SMC’ BENCH : Hyderabad

Before: SHRI S.S. GODARA

Hearing: 25/03/2021Pronounced: 30/03/2021

Date of Hearing : 25/03/2021 Date of Pronouncement : 30/03/2021 O R D E R This assessee’s appeal arises against the Commissioner of Income Tax (Appeals)-4 [CIT(A)] Hyderabad’s order for A.Y. 2013-14 dated 14.08.2020 passed in case no.10118/2019-20 in proceedings u/s 154(8) of the Income Tax Act, 1961 [in short ‘the Act’].

Heard both the parties. Case file perused.

2.

It transpires at the outset that the assessee’s sole substantive grievance canvassed in the instant appeal challenges correctness of both the lower authorities’ action declining his rectification application on the ground of double assessment of his salary income derived from Air Force services that does not amount to an apparent error u/s 154 of the Act. A perusal of the instant case file prima facie suggests that this issue of double assessment of the income from salary indeed forms subject matter of rectification is AY 2013-14 Shri Anil Goyal, Hyd. nothing else but appropriate computation only so as to determine correct taxable income of an assessee. I also quote hon’ble apex court’s landmark decision T.S. Balram vs. Volkart Brothers (1971) 82 ITR 50 (SC) defining the contours of sec.154 jurisdiction that purpose thereof is to undo any patent error only. Faced with this situation, I deem it fit and proper to restore assessee’s impugned grievance to the file of Assessing Officer for his necessary reconciliation as per law. Ordered accordingly.

This assessee’s appeal is allowed for statistical purposes. Order pronounced in Open Court on 30/03/2021.

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