2010 (9) TMI 255 - HC - Income Tax

Amount which has been added to the assessee s income had already been included in the income of Ramesh Kumar Jain, proprietor of M/s Jain Enterprises - same could not be subjected to taxation in two hands - in the hands of assessee as well as in the hands of Ramesh Kumar Jain - Held that - department is not alleging even in this appeal that the amount has not been included in the income of Ramesh Kumar Jain - Income-tax Department itself should have brought this fact on record, instead of trying to tax the same amount in two hands on technical pleas - appeal is dismissed

Summary

The High Court dismissed the appeal by the Income-tax Department regarding double taxation of an amount already included in the income of another individual. The Tribunal had deleted the addition based on this ground, which the Department challenged citing new evidence rules, but the Court found the Department should have disclosed the fact themselves.