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2008 (7) TMI 516 - HC - Income TaxIncome from undisclosed sources – Sub Contractor – The assessee firms engaged in construction. For the assessment year 1989-90, the Commissioner(Appeals) deleted two additions, one relating to a sum received under an arbitration award which the assessee claimed was received on behalf of subcontractor, and the other sum retained by the Government in respect of work entrusted to the assessee. The Tribunal affirmed the deletion. Held- (i) that there was no tripartite agreement between the principal contractor, the assessee and the sub-contractor. However, the assessee had not produced adequate documents to prove it. If the tax had been paid by the sub-contractors and if the assessee was also called upon to pay tax, it would amount to double taxation. The matter was to be remanded to the assessing officer.
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