Reopening of assessment cannot rest solely on an audit party's opinion; reassessment under Section 147/148 is impermissible and power of revision shou...
Tested party selection: functional analysis identified the least complex unit as the appropriate tested party, altering the transfer pricing adjustmen...
Constructive receipt of salary was held to occur at the place of employment, not at the point of deposit into an Indian NRE account, so salary credited to an NRE account does not constitute 'income received in India' under the governing provision and is not taxable in India on that basis; the tribunal applied the principle from Arvind Singh Chauhan that constructive receipt depends on when the assessee obtains control of funds (real or constructive), and the subsequent remittance or deposit into an Indian bank is an application of income, not its receipt in India.
Constructive receipt of salary was held to occur at the place of employment, not at the point of deposit into an Indian NRE account, so salary credited to an NRE account does not constitute 'income received in India' under the governing provision and is not taxable in India on that basis; the tribunal applied the principle from Arvind Singh Chauhan that constructive receipt depends on when the assessee obtains control of funds (real or constructive), and the subsequent remittance or deposit into an Indian bank is an application of income, not its receipt in India.
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