Dismissing the appeal the Tribunal held that the firm challenged the order of the Assessing Officer and the matter was pending before the Commissioner (Appeals). Thus, in this way, the addition made by the Assessing Officer in the hands of the firm had not attained finality. In cases where the Income-tax authorities are not clear as to whom income belongs, the only option left with the authorities in order to safeguard the Revenue is to make two assessments for the same income on two different persons, one on substantive basis and other on protective basis. For these reasons courts have recognised the concept of protective assessment, although there is no such provision in the Act to make protective assessment. On the facts and circumstances of the case, no loss was going to be suffered by the assessee, in upholding the protective addition made by the Assessing Officer in the hands of the assessee.(AY. 2011-12)