Independent show-cause notices remain separate proceedings, while customs adjudication challenges should ordinarily follow the statutory appellate rem...
Institutional incapacity in customs settlement proceedings excludes non-functional quorum periods from statutory disposal timelines, preventing automa...
Interactive touchscreen panels with integrated computing functions fall under automatic data-processing machines rather than display monitors for cust...
Ex parte injunction service requirements were substantially met, while civil recovery and SFIO investigation into provident fund defalcation continued...
Enforcement of resolution-plan directions continues without a Supreme Court stay, preventing suspension of redistribution and escrowed-fund distributi...
Third-party ownership claims over attached property require Special Court adjudication where purchasers lack registered sale deeds and bona fides rema...
Pure-agent reimbursements in clearing and forwarding services are excluded from taxable value when qualifying third-party payments are properly record...
The appellant qualified as a non-resident in India during the previous year 2015-16. A non-resident is taxable in India only for income received/deemed to be received or accrued/deemed to accrue in India. The foreign allowances received by the appellant in the United Kingdom for services rendered there do not fall within the scope of total income u/s 5(2) of the Act. The value of stock option prerequisites accrued to the appellant for services rendered outside India from the date of grant to vesting does not form part of the total income of a non-resident and is not taxable in India. Section 90(2) of the Act applies, and the appellant is eligible for exemption under Article 16(1) of the India-UK DTAA, having filed a tax residency certificate qualifying as a UK tax resident. The disallowance of deductions under Chapter VI-A and long-term capital gain exemption u/s 10(38) were allowed by the CIT(A) subject to verification.
The appellant qualified as a non-resident in India during the previous year 2015-16. A non-resident is taxable in India only for income received/deemed to be received or accrued/deemed to accrue in India. The foreign allowances received by the appellant in the United Kingdom for services rendered there do not fall within the scope of total income u/s 5(2) of the Act. The value of stock option prerequisites accrued to the appellant for services rendered outside India from the date of grant to vesting does not form part of the total income of a non-resident and is not taxable in India. Section 90(2) of the Act applies, and the appellant is eligible for exemption under Article 16(1) of the India-UK DTAA, having filed a tax residency certificate qualifying as a UK tax resident. The disallowance of deductions under Chapter VI-A and long-term capital gain exemption u/s 10(38) were allowed by the CIT(A) subject to verification.
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