COMMISSIONER OF INCOME TAX Vs. TOSHIO SAKAI

JUDGEMENT

(1.) Present appeal has been filed by Revenue under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as 'Act') against the order dated 7th July, 2006 passed by the Income Tax Appellate Tribunal (hereinafter referred to as 'Tribunal'), Delhi Bench 'F' in ITA No.2711/Del/2003 for the assessment year 1998-99.

(2.) The brief facts of this case are that the Assessee filed return of income for the assessment year 1998-99 declaring total income of Rs.6,86,377/- and retention money paid to him in Japan under the head ?Income from other sources? at Rs.21,43,783/-. The Assessing Officer noted that the Assessee had been paid certain further salary in Japan which has not been offered by him for assessment in India. The Assessee submitted that on such salary, taxes had been paid directly by his employer. The Assessing Officer did not give credit to the Assessee of the taxes paid by his employer and computed the assessment at Rs.59,13,594/-.

(3.) The Assessee filed an appeal before the Commissioner of Income Tax (Appeals) who held that tax paid on behalf of the Assessee was a matter of verification from record and accordingly called for report from the concerned Income Tax Officer who confirmed that an amount of Rs.10,61,915/- has been paid by the employer of the Assessee and as such appeal filed by the Assessee was accepted.