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2012 (4) TMI 205 - HC - Income TaxAssessee was employed with UNICEF - residing outside India and returning to India on his superannuation – remitted the salary in India in foreign exchange amount had been invested mainly in bank deposits - assessee filed return of income claiming tax benefit under Section 115 E and the AO found returns were filed under section 115H where the assessee has not satisfied the procedural and substantive requirements under Chapter XIIA of the Income Tax Act - AO reopened the assessment u/s 147 – revenue stated that the assessee is a "Resident" as mentioned in the return, hence is not entitled to the concession rate of tax under Section 115 E/115 H - Held that:- re-assessment was validly re-opened as held in favour of the Revenue in the case of Assistant Commissioner of Income Tax Vs. Rajesh Jhaveri Stock Brokers P. Ltd. (2007 -TMI - 6563 - SUPREME Court) - the assessee had been a 'Non-Resident" for 12 years prior to his return to India - He has been in India only for 323 days during the previous seven years preceding the assessment year - the status of the assessee is "Not Ordinarily Resident" and the real status of the assessee cannot be denied merely the assessee made a wrong declaration when he satisfied all the conditions - is entitled to the benefit of Section 115 E
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