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2019 (3) TMI 1109 - BOMBAY HIGH COURTClaim of liability rejected - subsequent year liability written back and offer for tax - claim of outstanding liability of ₹ 17.50 lacs on accrual basis for which payment was to be made - The assessee claimed an outstanding liability of ₹ 17.50 lacs on accrual basis for which payment was to be made. Such claim was cross verified by the Assessing Officer that Mr. Abhishek Bachchan whose representative stated that he had received sum of ₹ 31.35 lacs and 4.72 lacs and that no further amount was payable. This falsified the assessee's claim of pending liability. On this basis, the AO as well as the CIT(A) and the Tribunal rejected the assessee's claim - HELD THAT:- we find that the additions sustained by the Tribunal are based on material on record and on the basis of assessment of such material. When it was established that the liability of ₹ 17.50 lacs did not exist, as claimed by the assessee and that sum of ₹ 4.50 lacs was never paid to Mr. Amitabh Bachchan, we do not find that the Tribunal's view requires any interference. Voluntarily offered to tax the liabilities due to Mr. Abhishek Bachchan and Mr. Amitabh Bachchan in assessment year 2004-05 when the liabilities became time barred - Tribunal, while confirming above addition had given directions for not taxing the same income twice. HELD THAT:- we record the contention of the learned counsel for the assessee that despite the repeated requests, the Revenue has not refunded the tax in relation to these receipts for the assessment year 2004-05. One possibility could be that the assessee was in the appeal disputing the addition in the current year. Be that as it may, now that we are disposing of this appeal accepting the additions in this year, the Revenue is directed to act according to the Tribunal's direction in this respect for the assessment year 2004-05. The same may be done latest by 30.4.2019.
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