Scope of total income: resident taxation covers worldwide and Indian-source income with limits for not ordinarily resident status. Section 5 sets the scope of total income: residents are taxed on income received in India, income accruing or arising in India, and foreign income subject to the not ordinarily resident limitation (foreign income included only if from a business controlled in India or a profession set up in India); non-residents are taxed on income received in India or accruing or arising in India. The section prevents treating foreign income as received in India solely because it appears in an Indian balance sheet and bars double inclusion where income already included on accrual grounds is not again included on receipt grounds.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Scope of total income: resident taxation covers worldwide and Indian-source income with limits for not ordinarily resident status.
Section 5 sets the scope of total income: residents are taxed on income received in India, income accruing or arising in India, and foreign income subject to the not ordinarily resident limitation (foreign income included only if from a business controlled in India or a profession set up in India); non-residents are taxed on income received in India or accruing or arising in India. The section prevents treating foreign income as received in India solely because it appears in an Indian balance sheet and bars double inclusion where income already included on accrual grounds is not again included on receipt grounds.
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