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2014 (12) TMI 1311 - AT - Income TaxReference to taxability of CIDCO as assessee liable to tax - income to the assessee by way of remuneration received from the State Government - assessee should be held to be an “agent” of the State or an “arm” of the State and exempt from assessment of income in his hands - Held that:- In assessee’s own case for the assessment year 2006-07 [2012 (9) TMI 331 - ITAT MUMBAI], we found that all the addition made by the AO have been deleted except income of assessee by way of remuneration received from the State Government. In this regard, the Tribunal at para 48 has directed the AO to decide the case on merits with regard to the income of ₹ 5 lakhs received by the assessee, after allowing deduction for any expenses incurred wholly and exclusively for the purpose of earning the said income. It is clear that only with respect to remuneration from State Government, the matter was restored back to the file of AO. All other additions were deleted. Respectfully following the order of the Tribunal, we delete all the additions except the amount of remuneration, if any received from the State Government and direct the AO to decide the taxability of such remuneration after allowing deduction for any expenses incurred wholly and exclusively for the purpose of earning the said income.
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