TMI Blog2024 (4) TMI 16X X X X Extracts X X X X X X X X Extracts X X X X ..... laimed relief in his computation of income. The assessee also claimed foreign tax credit without offering global income. The assessee reiterated the submission made before the lower authorities and he also relied on the various judgments noted supra. We note that the case law relied by the assessee will not support the arguments since here there is factual position that in Indian Income-tax return i.e ITR 2, Schedule FSI, which is placed at page No.15, the assessee has not offered the salary received from JP Morgan, USA and he has offered under the head other sources of income of Rs. 12,64,665/- and has claimed tax paid outside India of Rs. 4,15,267/- and he also accepted that he is a resident/ordinary resident of India as per sec. 5(1)(c) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her. 1. On the facts and circumstances of the case, the learned has erred in issuing order under 154 even when there was no mistake apparent from record in the assessment order issued under section 143(3) of the Act. Consequently, the order under section 154 deserves to be quashed and set aside. 2. On the facts and circumstances of the case and in law, learned AO / CIT(A) have erred in concluding that the appellant is an ultimate tax resident of India for the period from October 1, 2013 to March 31, 2014 and taxing the salary income earned in USA for the said period in India. Learned AO and CIT(A) have further erred by applying provisions of the Act and denying the beneficial provisions of Article 4(2) of India USA Treaty. 3. On the facts a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y, either at or before the appeal hearing. 2. The brief facts of the case are that the assessee filed original return of income for the assessment year 2014-15 beyond the specified due date but within the extended period allowed as per sec. 139(4) of the Act on 29/12/2014 declaring total income of Rs. 1,83,74,890/-. The return was processed u/s 143(1) of the Act. Later on, the case was selected for scrutiny and statutory notices were issued to the assessee. The assessee filed detailed document as required and which was considered by the AO and in the returned income, the assessee has shown income from salary , income house property and income from other sources and returned income was accepted. 3. Later on, the AO noticed that the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... salary income received in USA, therefore, there is a mistake apparent on the face of the record and the AO examined the issue and clarified that the income of USA is not doubly taxed but only brought under the purview of scope of total income and allowed foreign tax credit. Hence, the income does not amount to double taxation on the same income. In view of the above, it is mistake apparent from record within the meaning of sec. 154 of the Act and it should be rectified. 4. Accordingly, the assessee was issued notice on 01/11/2017 and the assessee furnished reply dated 22/11/2017 giving reference of the Hon ble Supreme Court order in the case of TS Balaram, ITO Vs. Volkart Brother [1971] 82 ITR 50 (SC) and the Hon ble High Court in the case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ferred to the Income-tax return filed by the assessee in USA, which is placed on the record and submitted that the income received outside India from J.P. Morgna, USA has been offered as income in the USA and as per the DTAA, the assessee has correctly reduced the income outside India as salary income from the computation of income which is placed at page book page No.21. 9. Further, the ld.AR has also filed number of case laws, which are as under:- 10. On the other hand, the ld. DR relied on the order of the AO. The ld. DR submitted that there is no debatable issue, the assessee should have declared the income in India to the entire global income and it is allowable for claim of relief as per DTAA provision and the assessee had also claime ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee has claimed relief under Article 16 of the Indo- USA DTAA (Treaty) r.w.s 90 of the Act on the salary received and the CIT(A) has accepted the arguments put forth before him and CIT(A) has given direction to the AO noted Supra. We also direct the AO to follow the direction of the CIT(A) and to pass OGE (Order Giving Effect) within 6 months from the receipt of this order considering the eligibility of the assessee as per DTAA provisions. The assessee is directed to file necessary documents for support of his case. Accordingly, this issue is partly allowed for statistical purposes. 12. In the result, appeal of the assessee is partly allowed for statistical purposes. Order pronounced in court on 28th day of February , 2024 as per ..... X X X X Extracts X X X X X X X X Extracts X X X X
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