TMI Blog1985 (9) TMI 73X X X X Extracts X X X X X X X X Extracts X X X X ..... ncome on behalf of the non-resident. However, in the statement recorded by the Income-tax Officer, he detailed the source of the sale consideration as under Rs. (i) 6,300 Income from land of non-resident, which is in possession of the assessee. (ii) 25,000 Loan advanced by the wife of the non-resident (iii) 20,000 Loan taken from one Joginder Singh. (iv) 20,000 Loan taken from Shri Mohinder Singh. (v) 15,000 Loan from Shri Homojit Singh. (vi) 10,000 Contribution by the assessee from his own funds. Before the assessment proceedings were completed, the sale in favour of the non-resident was pre-empted and the assessee got back the consideration of Rs. 96,000. The Income-tax Officer did not accept the version of the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t year. The relevant assessment year in the present case is 1967-68 and a notice was issued before the end of March, 1970. The limitation for assessment as provided in sub-section (2)(a) of section 153 is four years from the end of the assessment year in which the notice under section 148 was served. The notice, as stated above, was served within the period of limitation before the end of March in the year 1970. Therefore, the assessment completed on March 30, 1974, was rightly held to have been completed within the statutory period of four years from the end of the assessment year in which the notice under section 148 was served. Question No. (i) is accordingly answered against the assessee and in favour of the Revenue. Question No. (ii) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o represent another in dealing with third persons. For the appointment of an agent, it is not necessary that there must be written authority and it was not disputed that the appointment can be made even orally. When Hazoora Singh purchased the land on September 15, 1966, in the name of Mohinder Singh, a non-resident, he obviously acted as the agent of the latter and was, therefore, his agent on the said date within the meaning of section 163. So the order passed on March 21, 1970, by the Income-tax Officer did not clothe him with the capacity of an agent of the non-resident, even though by this order he was treated as agent of the non-resident. In the capacity of the agent of the non-resident, he would be representative assessee within the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r from any property in India, or through or from any asset or source of income in India or through the transfer of a capital asset situate in India shall be deemed to accrue or arise in India. The argument of the assessee that no income having accrued or arisen or deemed to have accrued or arisen through business connection in India, the amount in dispute could not be said to be an income accrued or arisen in India within the meaning of section 9 of the Act. The Tribunal held that the income from undisclosed sources by virtue of the provisions of section 14F would also be income deemed to have accrued or arisen in India within the meaning of section 9. The learned counsel for the assessee, however, urged that in the case of non-resident who ..... X X X X Extracts X X X X X X X X Extracts X X X X
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