9911796707
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Issues:
1. Disallowance of a deduction claimed by the assessee in computing total income for assessment years 1974-75 and 1975-76. 2. Whether the commission income should be assessed as net income after deduction of expenses or as salary under the head 'Salaries'. 3. Application under section 146 of the Income-tax Act, 1961 and the time limit for disposal of the application by the Income Tax Officer (ITO). Detailed Analysis: 1. The appeals were filed by the revenue against the orders of the AAC deleting the disallowance of a deduction claimed by the assessee. The assessee, an individual, had claimed a deduction of Rs. 6,000 paid as salary to Fakruddin Abdul Hussain for earning commission income. The ITO disallowed the claim stating that only deductions under section 16 were allowed. The AAC deleted the disallowance based on similar deductions allowed in earlier years. The Tribunal noted that the concept of standard deduction under section 16 had come into force for the relevant assessment years. The Tribunal held that the matter required reconsideration by the ITO to determine if the commission income should be assessed as net income after deduction of expenses or as salary under 'Salaries'. The Tribunal directed the ITO to make a fresh assessment after giving the assessee a reasonable opportunity to be heard. 2. The issue of whether the commission income should be considered as net income after deducting expenses or as salary under 'Salaries' was crucial. The Tribunal observed that in earlier years, deductions were allowed based on different provisions under section 16. However, for the relevant assessment years, the concept of standard deduction under section 16 was in force. The Tribunal emphasized the need for a detailed examination to determine the correct treatment of commission income. It was highlighted that the authorities had not considered this aspect, necessitating a fresh assessment by the ITO after providing the assessee with an opportunity to present their case. 3. The Tribunal delved into the application under section 146 of the Income-tax Act, 1961, and the time limit for its disposal by the ITO. The Tribunal discussed the mandatory nature of the time limit prescribed under section 146 for disposing of such applications. It analyzed the implications of the ITO not passing an order within the specified period, emphasizing that the assessment order could be deemed canceled, requiring a fresh assessment. The Tribunal underscored the importance of ensuring that the assessee is afforded a fair opportunity to be heard and directed the ITO to make a fresh assessment in accordance with the law. The Tribunal clarified that the failure of the ITO to pass an order within the prescribed time would result in the cancellation of the ex parte assessment made under section 144. In conclusion, the Tribunal allowed the appeals, emphasizing the need for a reevaluation of the deduction claimed by the assessee, the correct treatment of commission income, and the adherence to the time limit for disposal of applications under section 146 to ensure a fair assessment process.
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