Draft Tax Order Issued; Income Must Be Statutorily Taxable, Not Based on Estoppel or Equity, for Valid Taxation.

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....While issuing Draft order u/s 144C, AO issued demand notice with penalty notice - If particular income is taxable under the I.T. Act, it cannot be taxed on the basis of estoppel or any other equal document. Equity is out of placed in tax place. A particular income is either exigible under the Income tax under taxing statute or not. If it is not, the ITO Has no power to tax the said income. - AT....