TaxTMI 
TaxTMI 
2024 (4) TMI 16
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....llowing grounds: "The below mentioned grounds of appeal are independent of and without prejudice to one another. 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 furth....
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....t.. The Appellant craves leave to add, alter, amend or withdraw all or any of the Grounds of Appeal herein and to submit such statements, documents and papers as may be considered necessary, 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....
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....ia. Hence, global income received by the assessee is to be taxed in India. The assessee has also claimed foreign tax credit of Rs. 3,81,675/- in terms of Article 25 of the Indo US DTAA and failed to offer the 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 an....
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....d appeal before the ITAT. 8. The ld.AR of the assessee submitted that the issue raised by the AO is a debatable issue which cannot be rectified as per the judgment of Hon'ble Supreme Court in the case of T.S. Balaram cited Supra. He also referred 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....
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....it is not a debatable issue. Accordingly the case law relied on by the assessee is not applicable. The AO has correctly invoked sec. 154 of the Act and rectified the order passed us/ 143(3) of the Act. As per page No.21 of the paper book filed before us, 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....