9911796707
TMI Blog2012 (6) TMI 114X X X X Extracts X X X X X X X X Extracts X X X X ..... operty in the UK". The assessment year involved is 2006-07, the order subjected to the revision proceedings by the learned Commissioner was passed under section 143(3) of the Act. 2. To adjudicate on this appeal, only a few material undisputed facts need to be taken note of. The assessee is a medical practitioner. Her assessment under section 143(3) was completed on 23.12.2008. However, subsequent to the finalization of scrutiny assessment and upon perusal of the assessment records, learned Commissioner was of the view that the assessment so finalized was erroneous and prejudicial to the interest of the revenue as the capital gains on sale of her house property in United Kingdom was not brought to tax in her hands, even though she was a 'r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... see in India even though assessee was admittedly a 'resident but not ordinarily resident'. The Assessing Officer was, accordingly, directed to bring to tax the capital gains, on sale of assessee's house property in UK, while computing assessee's income taxable in India. 3. We have heard the rival contentions, perused the material on record and duly considered factual matrix of the case as also the applicable legal position. 4. We find that there is no dispute about the fact that the assessee was a 'resident but not ordinarily resident' for the relevant assessment year. The mere fact that she relocated to India on 29th May 2005 does not alter her residential status, so far Income Tax Act is concerned, with effect from that date. Quite fair ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e cannot receive income from himself. Income is what comes in from outside sources. Therefore, first time an assessee receives it -whether directly or even through the agent, it is income, but any transfers subsequent to such receipts will not even result even in receipt, much less an income. In the cases of non-residents, as also in the cases of 'resident but not ordinarily resident' - subject to exceptions which are not relevant for the present purposes, unless, at the time money is received in India, it is received as income from an outside source, such receipt will not be an income receipt . What an assessee does to such receipt subsequently does not govern the situs of its taxability; its only the place of initial receipt, as income ch ..... X X X X Extracts X X X X X X X X Extracts X X X X
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