Residual food-preparation classification places fermented Nata De Coco outside fruit-jelly categories, changing its GST treatment across notified peri...
Settlement application eligibility requires a pending assessment when filed, preventing an extra prior-eligibility condition from blocking considerati...
Reassessment for unreturned property sales survives where transfer information, non-filing, and unsupported exemption claims establish a prima facie l...
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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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