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1997 (9) TMI 8 - HC - Income TaxThe first batch of appeals was concerned with the power of rectification under section 154. In the assessment made under section 143 of the Act there had not been included in the assessee's income the amount of tax paid on behalf of the assessee by the ONCC to the Department - That tax paid was sought to be included by rectification - whether such an exercise of inclusion could be undertaken by way of rectification - In the second batch of appeals also the tax paid on behalf of the assessee was again under consideration but in a different light. The issue here was whether the tax paid on behalf of the assessee would be taken 100 per cent. as gains of business or profession (as would ordinarily be the case in the case of an ordinary citizen not engaged in oil exploration) or whether 10 per cent. of such tax would be taken as profits and gains of business, such tax paid being connected inextricably with the fees paid in regard to services rendered for oil exploration, or thirdly whether the tax paid on behalf of the assessee could at all be included in the profits and gains of the profession or business.
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