Rajesh Syal vs Commissioner Of Income-Tax-I on 1 September, 2009
In counter reply, the learned counsel for
the assessee contended that the Assessing
Officer was required to give credit for the
income up to assessment year 1993-94 to the
extent the income which was not chargeable
to tax. Reliance was placed on the decision
of the Patna High Court in the case of CIT
and another vs. Smt.Lily Tobias (2004) 266
ITR 401(Pat) to support the contention. It
was further contended that once the advance
tax is paid by the assessee, the Assessing
I.T.A. No.852 of 2008 [6]
Officer cannot claim that the income which
was subsequently declared by the assessee in
the return was undisclosed income.