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2018 (3) TMI 385 - HC - Income TaxNon payment of admitted tax u/s 140A - real income theory - Appeal maintainable as against the original order of the Tribunal - Held that:- We see from the statement of total income as filed by the assessee at Annexure-A that it was filed based on the profit estimated on the income, which would have come to the assessee, if the claims against Skyline Builders were allowed. Definitely the tax on the income can only be assessed after it comes to the hands of the assessee as per the real income theory propounded in United Commercial Bank v. Commissioner of Income Tax, [1999 (9) TMI 4 - SUPREME Court]. We do not think that there is any reason to set aside the orders of the Commissioner of Income Tax (Appeals) and the Tribunal. The assessment carried out has taxed the income which came to the assessee in the relevant year.
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