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    <title>2012 (6) TMI 114 - ITAT KOLKATA</title>
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    <description>The Tribunal allowed the appeal, holding that the Commissioner&#039;s decision to tax capital gains in India was incorrect. The Tribunal emphasized that income is considered received where it is first received by the assessee in its income character. As the capital gains from the sale of the property in the UK were initially received in the UK and later remitted to India, the income was not taxable in India. The Tribunal set aside the Commissioner&#039;s order, emphasizing that the location of the first income receipt determines taxability.</description>
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    <pubDate>Thu, 31 May 2012 00:00:00 +0530</pubDate>
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      <title>2012 (6) TMI 114 - ITAT KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=213794</link>
      <description>The Tribunal allowed the appeal, holding that the Commissioner&#039;s decision to tax capital gains in India was incorrect. The Tribunal emphasized that income is considered received where it is first received by the assessee in its income character. As the capital gains from the sale of the property in the UK were initially received in the UK and later remitted to India, the income was not taxable in India. The Tribunal set aside the Commissioner&#039;s order, emphasizing that the location of the first income receipt determines taxability.</description>
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      <pubDate>Thu, 31 May 2012 00:00:00 +0530</pubDate>
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