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ITAT (Third-Member) held that the impugned addition under s.68 in the assessee's hands must be deleted because identical cash-credit income had already been assessed in the hands of other entities, and the tax code does not permit double taxation on the same passage of money. The Judicial Member's view that once the amount is taxed in one entity the Assessing Officer cannot make a duplicate addition in another was affirmed by the Third Member; the dissenting Administrative Member's call for fresh merits adjudication was rejected. Consequent to the Third-Member opinion, the Revenue's appeal is dismissed and the addition in the assessee's hands deleted.
ITAT (Third-Member) held that the impugned addition under s.68 in the assessee's hands must be deleted because identical cash-credit income had already been assessed in the hands of other entities, and the tax code does not permit double taxation on the same passage of money. The Judicial Member's view that once the amount is taxed in one entity the Assessing Officer cannot make a duplicate addition in another was affirmed by the Third Member; the dissenting Administrative Member's call for fresh merits adjudication was rejected. Consequent to the Third-Member opinion, the Revenue's appeal is dismissed and the addition in the assessee's hands deleted.
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