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2015 (5) TMI 188 - HC - Income TaxTaxability of Receipt of fees after Discontinuation of legal profession after being elevated to the post of Judge of High Court - whether amount received taxable under the head 'Income from business or professions'? - assessee received certain outstanding dues from his past clients - Held that:- Perusing the records of the case/s, we are unable to persuade ourselves to take a different view than that which is taken by the Tribunal to hold that Section 176(4) of the Act does not contain any deeming provision which treats such receipts as as incomplete and which would fall within the head Provisions 'Gains of Business Profits or vocation and it cannot be taxed as income from other sources under Section 176 of the Act. Following the decision in the cases of CIT vs. Justice R.M. Datta of Calcutta High Court [1989 (7) TMI 59 - CALCUTTA High Court] the provisions pertaining to chargeing Section if they cannot apply, such a case was not intended to fall within the charging section. - Decided in favour of assessee.
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