ANIL GOYAL,HYDERABAD vs. ITO WARD 13(5), HYDERABAD
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
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?
AI-generated summary — verify with the full judgment below
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Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- T.S. Balaram ITO v. Volkart Bros.382 citing82 ITR 50 · 1971 · SC
Income Tax Appellate Tribunal, HYDERABAD ‘ SMC’ BENCH : Hyderabad
Before: SHRI S.S. GODARA
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.
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.
More judgments on Section 154
- Income Tax Officer, Jaipur vs Rakesh Kumar Malani, JaipurITA 1425/JPR/2026[2025-26]Status: Disposed21 Oct 2026AY 2025-26
- Income Tax Officer, Jaipur vs Anita Sharma, JaipurITA 1344/JPR/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Ramtirath Bawa, Nagpur vs ITO Ward3(4), NagpurITA 327/NAG/2026[2015-16]Status: Disposed16 Oct 2026AY 2015-16
- Mohinder Singh, Nagpur vs ITO Ward 3(4), NagpurITA 322/NAG/2026[2015-16]Status: Disposed16 Oct 2026AY 2015-16
- Ramakrishna Reddy Makireddy, Hyderabad vs ACIT, Circle-5(1), HyderabadITA 70/HYD/2026[2007-08]Status: Disposed16 Oct 2026AY 2007-08
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