2024 (3) TMI 375

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.... Assessee : Shri Mahesh Chhajed, A.R. For the Revenue : Shri Ketan Gajjar, Sr.D.R. ORDER PER : T.R. SENTHIL KUMAR, JUDICIAL MEMBER:- This appeal is filed by the Assessee as against the exparte appellate order dated 12.10.2023 passed by the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, (in short referred to as "CIT(A)"), arising out of the Rectification o....

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....rship was shown in Profit & loss account, while preparing computation of income, appellant treated said income separately as income form partnership firm i.e appellant had reduced the income from partnership firm of Rs 7,78,932/-(i.e amount of interest on capital or Rs. 5,98,868/- and share of profit of Rs. 1,80,064/-) form the net profit of its ordinary business and have subsequently disclosed an....

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....rmed. Accordingly, all the grounds of appeal are dismissed." 3. Aggrieved against the same, the assessee is in appeal before us. Brief facts is that the assessee is an individual having source of income from business and other sources. In the Profit and Loss account, the assessee shown Net Profit from the Partnership Firm (M/s. Shreeji Construction CO.) of Rs. 1,80,064/- and Partners Interest f....

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....ned from M/s. Shreeji Construction, twice by not allowing it from business income when it was shown separately as share income from partnership firm, which tantamounts to double taxation". Though the Ld. CIT(A) after affording three opportunities to the assessee passed exparte order, however failed to verify this apparent mistake on record and dismissed the assessee appeal. 4.1. The Ld. CIT(A) ....