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Facts
The assessee declared income under the head 'business' while also having salary income. The lower authorities assessed/added an amount of Rs.20,00,000/- representing salary, which the assessee claimed was already included under 'business' income.
Held
The Tribunal held that the assessing authority needs to ensure there is no double addition of the salary income under the head 'business' income, as per law.
Key Issues
Whether the amount of salary income was also included under 'business' income, leading to double taxation.
Sections Cited
143(1)
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Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI
Before: Sh. Satbeer Singh Godara
Asstt. Year : 2017-18 Chakshu Dutta, Vs DCIT, 139, Shubham Apt. 37, I. P. Circle-59(1), Extension, Patparganj, New Delhi-110002 New Delhi-110091 (APPELLANT) (RESPONDENT) PAN No. APJPD4589D Assessee by: Sh. Ashok Kumar Gupta, CA Revenue by : Ms. Indu Bala Saini, Sr. DR Date of Hearing: 25.06.2025 Date of Pronouncement: 25.06.2025 ORDER This assessee’s appeal for Assessment Year 2017-18, arises against the Addl./JCIT(A)-1, Lucknow’s DIN & order No. ITBA/APL/S/250/2024-25/1069500712(1) dated 07.10.2024, in proceedings u/s 143(1) of the Income Tax Act, 1961 (in short “the Act”).
Heard both the parties at length. Case file perused.
It transpires during the course of hearing that both the learned lower authorities have assessed/added an amount of Rs.20,00,000/- in assessee’s hands representing his salary derived in lieu services rendered to M/s Pioneer Sailing Services Pvt. Ltd. Learned counsel has invited the tribunal’s attention to page 10 in his return indicating him to have included the very amount under the head “business” income
Faced with this situation, the assessee’s only case is that once his salary income has been assessed, the corresponding amount shown under the head “business” income be also excluded from the purview of taxation as well amounting to double addition. I, therefore, conclude in this factual backdrop that the learned assessing authority needs to finalize it’s consequential computation after ensuring that there is no double addition of the assessee’s above salary income under the head “business” income in very terms as per law.
No other ground or argument has been pressed.