The Tax Publishers2019 TaxPub(DT) 0356 (Del-Trib)

INCOME TAX ACT, 1961

Section 153C

Where income of assessee was assessed in the hands of FIIT Ltd. and due tax had been collected by the revenue authorities, then the income in the hands of assessee would be deleted.

Search and seizure - Proceedings under section 153C - Jurisdiction of AO to assessee another person - Assessment framed in the hands of FIIT Ltd.

Assessee contended that in all the appeals the income assessed in the hands of the assessee has been assessed in the hands of FIIT Ltd. wherein due tax had been collected by the department. Hence, the additions made in the hands of the assessee were to be deleted. He contended that the matter may be restored back to the file of the AO for verification. Held: In the facts and circumstances of the case, the orders of the lower authorities were set aside and matter was remanded back to the file of the AO for verification as to whether the income assessed in the hands of the assessee had been assessed in the hands of FIIT JEE Ltd. and due tax had been collected by the department. If the AO finds on verification that the income had been assessed in the hands of FIIT JEE Ltd. and due tax had been collected, then he should delete the income in the hands of the assessee.

REFERRED :

FAVOUR : Matter remanded.

A.Y. : 2007-08 to 2013-14



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