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Assistant Commissioner of Income Tax Cen. Cir. 40, Mumbai Versus Shri Binod Kumar Singh

2016 (4) TMI 298 - ITAT MUMBAI

Status of the assessee as non-resident - Held that:- CIT(A) didn't erred in holding the status of the assessee as “non-resident”. - W.T.A. No. 27/M/14 - Dated:- 10-2-2016 - Shri B. R. Baskaran, Accountant Member And Amarjit Singh, Judicial Member For the Petitioner : Shri Amit Khatiwala For the Respondent : Shri Shrikant Namdeo ORDER Per Amarjit Singh, JM The revenue has filed the present appeal against the order dated 24.03.2014 passed by the Commissioner of Income Tax (Appeals)-38, Mumbai [her .....

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w, the ld CIT(A) erred in not considering the AO s view, that even if the assessee is treated as NRI, then also there is need to analyze the taxability of his net wealth, as a NRI in view of the Wealth Tax Act, 1957. 3. The sole point which has been raised by the revenue before us is that the CIT(A) has erred in holding the status of the assessee as non-resident without appreciating the clause (b) of explanation to section 6(1)(c) of the Act. At the very outset, the learned representative of the .....

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her fortified by the finding contained in pages 9,10 and 11 of the impugned order. Now, we shall analyze the section 6 of the Act, which reads as under:- 6. For the purposes of this Act- (1) An individual is said to be resident in India in any previous year, if he- (a) is in India in that year for a period or periods amounting in all to one hundred and eighty-two days or more; or (b) [***] (c) having within the four years preceding that year been in India for a period of periods amounting in all .....

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if for the words one hundred and eighty-two days had been substituted; (b) being a citizen of India or a person of Indian origin within the meaning of Explanation to clause (e) of section 115C who, being outside India, comes on a visit to India in any previous year, the provisions of sub-clause (c) shall apply in relation to that year as if for the words sixty days , occurring therein, the words one hundred and eightytwo days had been substituted. [Explanation 2 - For the purposes of this claus .....

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.e. income received or deemed to be received in India are taxable in India. Foreign income is not taxable in India. Business income in case of business, which is controlled wholly or partly from India. Income from profession/business set up in India. In case of a resident assessee , the income arising in India and foreign income are taxable in India. 2.9 So far as, the contention of the ld. CIT-Dr that there is violation of Rule-46A of the Rules and further no opportunity was provided to the Ass .....

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vided to the assessee is not substantiated. It is also noted from the impugned order (page-13) that the contention of the Assessing Officer has been duly incorporated in the impugned order, wherein, the assessee furnished certain copies of documents, evidencing that during F.Y.2002-03 to 2008-09, he was domiciled in U.K. The documents relates to school certificate of his daughter, son, electricity bills, club cards, property documents, etc. It is also noted that for A.Y. 2007- 08, the contention .....

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