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2019 (9) TMI 152 - AT - Income TaxProtective additions - rental income - addition made in the hands of the company - assessee is the beneficial owner - HELD THAT:- Both the companies have alleged to have earned the lease rental income for Assessment Year 2006-07. In one of the other share holders Mr. Ajay Kalsi in whose case in earlier year identical additions were made on protective basis. Furthermore, another beneficiary Smt Mala Kalsi, Such additions were also made being the share holder of those companies. All these additions were made on protective basis in their hands. In case of Smt Mala Kalshi the coordinate bench has already decided the issue deleting the above addition on protective basis as per order SMT. MALA KALSI AND VICE-VERSA [2017 (12) TMI 127 - ITAT DELHI]. Further, in case of Shri Ajay Kalsi the coordinate bench has deleted the above addition as per order dated 05.12.2018 for Assessment Year 2006-07 to 2012-13. Issue is now squarely covered in favour of the assessee by the above addition. DR could not cotrovert the above fact that the issue is squarely covered by the decision of the coordinate bench in case of other share holders. In view of this fact respectfully following the decision of the coordinate bench where identical additions were deleted, we also direct the ld AO to delete the above protective additions in the hands of the assessee for Assessment Year 2006-07. Therefore, the appeal filed by the assessee for Assessment Year 2006-07 is allowed.
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