Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
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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