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Income from Foreign Asset Earned through Pension mentioned in FA Schedule is Not Taxable in India
Case Law Details
- Case Name
- Sankha Mukherjee Vs ACIT (ITAT Kolkata)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2016-17
- Courts
- All ITAT, ITAT Kolkata
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Sankha Mukherjee Vs ACIT (ITAT Kolkata)
The issue under consideration is whether the addition on the income from foreign asset earned through the retirement plan mentioned in FA schedule is taxable in India or not?
ITAT states that the Revenue wrongly applied Article 20 of the DTAA between India and USA whereas the case of the assessee falls under the purview of Article 16 of the said DTAA. According to him, the alleged income has not arisen in India. More so, no withdrawal was made during the year under consideration by the assessee, neither any dividend or capital gain was e...
