Advertisement
Advertisement
Skip to content
Follow Us on
Advertisement
TOP STORIES
Income Tax

Income already taxed in proprietor’s hands cannot be taxed again in dissolved partnership

Case Law Details

TaxGuru Citation
2025 taxguru.in 7560
Case Name
ITO Vs Chaukers (ITAT Delhi)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2017-18
Subscribe to download.

Already Upgraded? Log in.

Advertisement

ITO Vs Chaukers (ITAT Delhi)

No Addition in Dissolved Firm’s Hands – Cash Deposits Taxable Only in Hands of Proprietor, Not Partnership: ITAT Delhi

Assessee was a partnership firm dealing in LPG cylinders under dealership of Hindustan Petroleum. One partner, Shri Avinash C. Kakar, expired on 23.04.2011, after which the firm effectively dissolved & business continued solely under Shri Balraj Bansal as proprietor. During demonetisation period, heavy cash deposits of Rs.79.78 lakh were made in the bank account, along with other credit entries totaling Rs.4.67 crore. AO held the firm still liable & made protective addition u/s 69A for entire deposits, invoking section 115BBE.

CIT(A) deleted the addition holding that transactions belonged to Shri Balraj Bansal in his individual capacity, supported by bank confirmation linking the account with his PAN, not the firm’s.

Revenue argued that CIT(A) erred in quashing addition without giving AO opportunity to verify if same income was taxed twice (in firm’s case & in proprietor’s case).

Tribunal noted that  partnership firm Chaukers stood dissolved in 2011 after death of partner. Bank account was continued by proprietor Shri Balraj Bansal in his individual capacity; certificate from SBI confirmed account was linked to his PAN. Assessment of Shri Balraj Bansal for AY 2017-18 already completed under scrutiny including these transactions. Income cannot be assessed in two different hands – once taxed in correct entity, no protective addition could survive in another. Well settled principle: tax must be levied on rightful entity to whom income pertains.

Paid content

Become a Basic or Premium Member, or log in if you are already a Basic or Premium member.

Advertisement

Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 7,411

Join TaxGuru's Network for the latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.