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2017 (7) TMI 503 - CALCUTTA HIGH COURT

2017 (7) TMI 503 - CALCUTTA HIGH COURT - TMI - Income received from outside India in foreign currency - taxabaility in India - sum received from two employers in a Non-Resident (external) bank account, as NRE account - Held that:- The interpretation be given to sub Section (b) of Section 5(2) of the Act would also apply to Section 5(2)(a) of the Act. The Circular is clarificatory in nature and is applicable for construing the aforesaid provision for the relevant assessment year. In our opinion t .....

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. Khaitan, Senior Advocate, Mr. R.S. Padjekar, Mr. R.K. Biswas, Mr. P. K. JhunJhunwalla, Mr. S. Rudra For the Respondent : Mr. Debashis Chowdhury, Advocate ORDER Aniruddha Bose, J. 1. The appellants are legal heirs of the original assessee, who passed away intestate on 10th April 2013. The assessee was a marine engineer and the subject of dispute of this appeal is taxability of a substantial portion of his income earned during the previous year relevant to the assessment year 2010-11. The total .....

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rom his two employers in a Non-Resident (external) bank account, commonly referred to NRE account. 2. The appeal of the assessee against the aforesaid order failed before the Commissioner of Income Tax and the Income Tax Appellate Tribunal also sustained the finding of the Assessing Officer, rejecting contention of the assessee that the said income was exempted, having been received from outside India in foreign currency. The basic reasoning of the Revenue for including the aforesaid sum to inco .....

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side India and which is not chargeable to tax in India on the due or accrual basis, can be said to be chargeable to tax on the receipt basis merely because the foreign employers, on the instructions of the assessee, have remitted a part of amount of salary to the assessee s NRE bank account in India? 4. This judgment is assailed before us by Mr. Khaitan, learned Senior Counsel appearing on behalf of the appellant. His submission is that income of the assessee constituted earning outside India wh .....

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n our anxious consideration to the contentions raised, we are of the considered view that there is no substantial question of law involved in this appeal for being formulated and the adjudicated for the following reasons: a) The revenue does not dispute that assessee had worked as a Chief Engineer on the board of a ship bebnging to his employer "M/s. Live Stock Transport & Trading Company, Kuwait and during the relevant period the assesses had stayed outside India for a period of 225 da .....

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de India and was not taxable in India. While answering the question of law there under with reference to Section 9(1)(Xii) in the said case it has also been held that the salary which is earned in India will alone be regarded as income arising in India and not otherwise. The principles laid down in the said case are squarely applicable to the facts of present case also. c) The criteria of applying the definition of Section 5(2)(b) would be such income which is earned in India for the services re .....

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