Case Law Details
Case Name : ITO Vs Rajeev Suresh Ghai (ITAT Mumbai)
Related Assessment Year : 2010-11
Courts :
All ITAT ITAT Mumbai
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ITO Vs Rajeev Suresh Ghai (ITAT Mumbai)
It is always useful to bear in mind the fact that, on the first principles, the trigger for taxation of an income in a source jurisdiction is either the economic activity or the linkage of an income with that jurisdiction, and that in the absence of such a linkage or economic activity nexus, there cannot be any source taxation, The assessee before us is certainly an Indian national, but he is admittedly resident in the UAE so far as his residential status, under the Indo UAE tax treaty is concerned, is of the UAE
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In all the four questions framed for appellate decision / adjudication, as has been the conventional practice, the opening pet phrase reads, – “Whether on the facts and in the circumstance of the case AND IN LAW …..”
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However, most often than not the problem arises in identifying/ ascertaining as to adjudication has to be made having regard to which law; that is, which one or more of the legislated provisions in force and at what point in time?
In a manner of critical viewing, such problem has been ridiculously given an added dimension by a recent amendment of the law. Reference is to the novel idea of ‘deemed resident’ enacted (NEW SECTION 6 (1A), despite there being no rhyme or logic /legality or legitimacy in doing so. For, the said change has cut at the very roots of the principal concept of relevance for taxation, being the ‘source ‘ from which income accrues or arises /or is deemed to accrue or arise, -under the obtaining -for – long erstwhile scheme of the domestic law!
For a dilation, go through the points of view shared in expert professional circles, through the tax websites so also in social media!
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