TMI Blog2017 (8) TMI 667X X X X Extracts X X X X X X X X Extracts X X X X ..... n only he purportedly entered into a lease agreement with his wife, son and daughter-in-law in respect of the aforesaid property of which he is paying by letting them at a very nominal rates and allowing his family members to sub-let the same at a much higher rents. In these circumstances, these findings of fact cannot be interfered with in the present appeals. It has been held by this Court in Income Tax Officer v Ch. Atchaiah [1995 (12) TMI 1 - SUPREME Court] that the Assessing Authority has a right to tax the "right person". Once it is found that the income in fact belongs to the appellant he was the right person for taxing the said income, it was permissible for the Income Tax Authorities to tax the said income at the hands of the as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ; 7,98,000/-. After allowing 1/5th as repairs, the appellant's income was assessed at ₹ 6,38,400/-. The appellant appealed before the Commissioner of Income Tax (Appeals), which vide its order dated 08.01.2002, upheld the assessment order passed by the Deputy Commissioner of Income Tax on the ground that it was in accordance with Section 23(1) of the IT Act. Aggrieved, the appellant moved an appeal to the Income Tax Appellate Tribunal (ITAT). The ITAT vide its order dated 11.07.2003, partly allowed the appeal and directed the assessing authority to determine the annual letting value of the property to the sub-lessee on the basis of the municipal valuation. The Revenue challenged the order passed by ITAT before the High Court of An ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the Income Tax Authorities to tax the said income at the hands of the assessee. 5. At the same time, we also find that the Income Tax Authorities have read the same income at the hands of the wife, son and daughter-in-law of the assessee as well who, as per the department itself, wrong person . There would be double taxation on the same income at the hands of two persons. In these circumstances, it will always be open to the wife, son and daughter-in-law of the assessee to seek redressal of the taxation of income at their hands in appropriate proceedings. 6. The appeals are, accordingly, disposed of. ORDER Leave granted. The appeals are disposed of in terms of the signed order. Pending application(s), if any, stands ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
