The petitioner received the interest on income tax refunds pertaining to assessment years 2009-10 and 2010 -11 , which was credited in the Financial year\u00a0 2013 -14 ( AY. 2014-15) . The interest amount was shown as income in the AY. 2014 -15 , the assessment was completed u\/s 143(3) of\u00a0 the\u00a0 Act . The\u00a0 assessment for the assessment year 2011-12 was reopened on the grounds that the said interest was\u00a0 received during the previous year 2011 -12 . The AO added the said amount in the assessment year 2012 -13 , however he has not reduced the said income from the assessment year 2014 -15 . The petitioner \u00a0filed an appeal before the CIT(A) for the assessment year 2012 -13 . When the appeal was pending the petitioner applied for the Direct Tax Vivad Se Vishwas Act , 2020 for the settlement of dispute\u00a0 which was accepted . \u00a0\u00a0\u00a0\u00a0The petitioner filed Revision application\u00a0 for the assessment year 2014 -15 . As the application was not taken up for hearing for more than five years the petitioner filed writ petition before the High Court . High Court directed the Commissioner to dispose the application . The Commissioner rejected the application on merits and the petitioner filed writ petition against the rejection order . Allowing the petition the Court held that\u00a0 it is settled law that same amount cannot be taxed twice . The Court also held that merely because the assessee has offered a receipt of income in his return of income does not necessarily make him liable to pay tax on the said receipt if otherwise said income is not chargeable to tax \u00a0. High Court directed the Commissioner to pass fresh order as per the direction of the High Court . Relied on\u00a0 CIT v. Shelly Products \u00a0(2003) 261 ITR 367 \/ \u00a0129 Taxman 271\/ \u00a0181 CTR 564 (SC) \u00a0( 2003) 6 SCC 461 , Vijay Gupta v .CIT \u00a0(2016) 386 ITR 643 \/ 238 Taxman 505 \/ 137 DTR 401 (2017) 291 CTR 517 ( Delhi(HC) \/ (2016) SCC Online\u00a0 Del\u00a0 161 . \u00a0( WP\u00a0 (L) No. 11708 of 2021 & CM APP 36194 of 2021\u00a0 dt . 20-1-2023 )\u00a0 \u00a0(AY . 2014 -15 )<\/p>\n","protected":false},"excerpt":{"rendered":"
S. 264 :Commissioner – Revision of other orders \u2013 Interest received in income tax refund – Amount taxed twice \u2013 Revision power is not limited to correcting any errors committed by the tax authorities but also extended to errors committed by the assessee- Order of Commissioner was set aside . [ S, 56, 148, 246A , Direct Tax Vivad Se Vishwas Act , 2020 Art , 226 ] <\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[21],"tags":[],"class_list":["post-33293","post","type-post","status-publish","format-standard","hentry","category-income-tax-act"],"acf":[],"jetpack_featured_media_url":"","jetpack_shortlink":"https:\/\/wp.me\/p9S2Rw-8EZ","jetpack-related-posts":[],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/33293","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/comments?post=33293"}],"version-history":[{"count":3,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/33293\/revisions"}],"predecessor-version":[{"id":33567,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/33293\/revisions\/33567"}],"wp:attachment":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/media?parent=33293"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/categories?post=33293"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/tags?post=33293"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}