Clean slate principle extinguishes uncrystallised operational claims and bars continuation of pending recovery and arbitral proceedings after plan app...
Works contract classification governs composite layout-development contracts where VAT-paid goods are transferred alongside construction and infrastru...
Specified income tax exemption for pollution control body remains conditional on non-commercial activity, unchanged income character, and return filin...
Jurisdictional facts in certificate-of-origin discrepancies can support customs show-cause proceedings, leaving factual explanations for departmental ...
The ITAT allowed the appeal of the non-resident assessee, holding that salary income received in India for services rendered in China is not taxable in India under Sections 5(2), 9(1)(ii), and 15(1)(a) of the Act. The assessee, qualifying as a resident of China and non-resident of India for the relevant fiscal year, was eligible for exemption under Article 15(1) of the India-China DTAA. Since the salary was duly taxed in China and related to employment exercised there, the Tribunal set aside the AO's order denying exemption. The AO was directed to grant exemption under the DTAA, and the refund claimed by the assessee was upheld.
The ITAT allowed the appeal of the non-resident assessee, holding that salary income received in India for services rendered in China is not taxable in India under Sections 5(2), 9(1)(ii), and 15(1)(a) of the Act. The assessee, qualifying as a resident of China and non-resident of India for the relevant fiscal year, was eligible for exemption under Article 15(1) of the India-China DTAA. Since the salary was duly taxed in China and related to employment exercised there, the Tribunal set aside the AO's order denying exemption. The AO was directed to grant exemption under the DTAA, and the refund claimed by the assessee was upheld.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4792
Join Channel
TaxTMI 
