Total income scope: resident and nonresident inclusion rules distinguish receipt, accrual and deemed accrual for taxation purposes. Scope of total income includes, for residents, income received or deemed received in India, income accruing or arising or deemed to accrue or arise in India, and income accruing or arising outside India subject to exclusion for not ordinarily resident persons unless derived from a business controlled in or a profession set up in India; for non residents it includes income received or deemed received in India and income accruing or arising or deemed to accrue or arise in India. Explanations state that mere inclusion in an Indian balance sheet does not constitute receipt in India and that income included once on accrual shall not be re included on receipt.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Total income scope: resident and nonresident inclusion rules distinguish receipt, accrual and deemed accrual for taxation purposes.
Scope of total income includes, for residents, income received or deemed received in India, income accruing or arising or deemed to accrue or arise in India, and income accruing or arising outside India subject to exclusion for not ordinarily resident persons unless derived from a business controlled in or a profession set up in India; for non residents it includes income received or deemed received in India and income accruing or arising or deemed to accrue or arise in India. Explanations state that mere inclusion in an Indian balance sheet does not constitute receipt in India and that income included once on accrual shall not be re included on receipt.
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