Person chargeable with duty must be the importer at importation; subsequent purchasers cannot be held liable where beneficial owner rules did not appl...
Prohibited importation of cosmetics without prior regulatory registration attracts seizure and confiscation; warehousing or re export claims do not cu...
Provisional release on security permitted where cash deposit plus bond secures differential duty; classification and treaty benefits referred for deci...
The ITAT held that foreign salary earned in Sweden and credited to a Swedish bank account formed part of a foreign asset for Black Money Act purposes, so any taxability would arise only in the year the asset came to the AO's notice, not in the year the salary was earned. On the facts, information reached the Department only in November 2021, making the AY 2016-17 addition unsustainable. The Tribunal also applied Article 15(1) of the India-Sweden DTAA and section 90(2) of the Income-tax Act, holding that the salary was not chargeable to tax in India because the employment was exercised in Sweden for a Swedish resident employer. The additions for AY 2016-17 and AY 2018-19 were deleted.
The ITAT held that foreign salary earned in Sweden and credited to a Swedish bank account formed part of a foreign asset for Black Money Act purposes, so any taxability would arise only in the year the asset came to the AO's notice, not in the year the salary was earned. On the facts, information reached the Department only in November 2021, making the AY 2016-17 addition unsustainable. The Tribunal also applied Article 15(1) of the India-Sweden DTAA and section 90(2) of the Income-tax Act, holding that the salary was not chargeable to tax in India because the employment was exercised in Sweden for a Swedish resident employer. The additions for AY 2016-17 and AY 2018-19 were deleted.
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