Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2002 (11) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2002 (11) TMI 81 - HC - Income TaxScope of section 91(1) of the Act. - "Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessee is entitled for double income-tax relief under section 91(1) in respect of income from Tanzania without adjusting the losses from Thailand Branch?" - in certain cases, the argument of the Department based on aggregation of income would result in defeating the scheme of section 91(1). Lastly, in this particular case itself the order of the Income-tax Officer shows that income from dividend from Malaysia amounting to Rs. 55,25,000 is not included in view of the agreement between India and Malaysia. The working on page 24 of the paper book made by the Income-tax Officer shows that even the Income-tax Officer has proceeded to calculate the relief on country-wise basis and not on the basis of aggregation of income. - We, therefore, answer the above question in the affirmative, i.e., in favour of the assessee and against the Department.
|