Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2016 (6) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (6) TMI 1174 - ITAT KOLKATAAccrual of income - Payment remitted by the foreign company to the NRE account in India - salary income received in India - Addition to the total income on account of the amount remitted to bank account by M/s. BW Fleet Management Ltd., Singapore - CIT(A) held that the salary received by the assessee for the services rendered outside India for which payments had been remitted by the foreign company to the NRE account in India was chargeable to tax in India as his income Held that:- As decided in Shri Tapas Kr. Bandopadhyay-vs- DDIT(IT) [2016 (6) TMI 215 - ITAT KOLKATA ] the income in the present case did not suffer tax in any other jurisdiction nor was it received in any other tax jurisdiction. The receipt in the NRE account in India is the first point of receipt by the assessee and prior to that it cannot be said that the assessee had control over the funds that had deposited in the NRE account from the employer. To sum up, the facts of the instant case directly fits into the facts of the Third Member decision relied upon by the Learned DR 2001 (12) TMI 873 - ITAT MUMBAI and respectfully following the same , we hold that the salary received in India is taxable in India in terms of section 5(2)(a) - Decided against assessee.
|