1998 (12) TMI 9

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..... further tax on it amounts to double taxation - Held, no - - - - - Dated:- 10-12-1998 - S. P. BHARUCHA AND D. P. MOHAPATRA JJ. For the Appellants : K. N. Shukla, Senior Advocate (C. V. S. Rao and B. K. Prasad, Advocates For the Respondents : None ORDER The respondent has been served but does not appear. The respondent objected to the inclusion of a sum of ₹ 34,375 repre .....

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..... taxation must be decided having regard to who the assessee is. If the assessee is different, the question of double taxation would not arise. In the present case, the fact that the company had been made liable to tax on the amount did not mean that that amount, when paid as income to the shareholder, could not be taxed as income in the hands of the shareholder. The character of the amount changed, .....

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