-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. Income Tax Appeal No. 645 of 2002 Rakesh Kumar Agarwal ..Appellant vs. 1. The Joint Commissioner of Income Tax and another ..Respondent Ms.A.Vissonji with Mr.S.J.Mehta for appellant. Mr.N.A.Kazi for respondent. CORAM: Dr.S.RADHAKRISHNAN & CORAM: Dr.S.RADHAKRISHNAN & CORAM: Dr.S.RADHAKRISHNAN & S.J.KATHAWALLA JJ. S.J.KATHAWALLA JJ. S.J.KATHAWALLA JJ. 4th September,2008 4th September,2008 4th September,2008 P.C. P.C. P.C. 1. Heard the learned Counsel appearing for the appellant and the learned Counsel appearing for the respondent. 2. After hearing the parties for some time, both the learned Counsel appearing for the appellant/assessee and respondent/revenue categorically consent to setting aside the order passed by the Income Tax Appellate Tribunal dated 25th July, 2000 pertaining to the appeal filed by the assessee as well as revenue in view of the fact that the assessee has been assessed and income tax has already been paid in Assessment Years 1997-98 and 1998-99 for the amount which has been assessed during the assessment year 1996-97. -2- 3. Both the learned Counsel appearing for the appellant and respondent consent that the appellant/assessee can satisfy the Assessing Officer that the assessee has already been assessed and tax has been paid during the assessment year 1997-98 and 1998-99 for the amount which has been assessed for the Assessment Year 1996-97. To put in other words, the assessee has been assessed twice and that there has been a double taxation. It is made clear that the Assessing Officer shall allow the assessee to deduct the said amount if the assessee has already been assessed during the aforesaid Aessement year 1997-98 and 1998-99. Appeal stands disposed of accordingly. (S.J.KATHAWALLA J.) (Dr.S.RADHAKRISHNAN J.) (S.J.KATHAWALLA J.) (Dr.S.RADHAKRISHNAN J.) (S.J.KATHAWALLA J.) (Dr.S.RADHAKRISHNAN J.)