https://www.taxtmi.com/caselaws?id=6208 A non-resident partner of a resident registered firm could not exclude his share of the firm's foreign profits from total income under section 4(1)(c) of the Income-tax Act, 1922, because section 23(5)(a) treated the firm as the assessment unit and required the partner's share of profits to be brought into his assessment. The Court accepted the settled view, including the earlier Privy Council position, that the proviso to section 23(5)(a) did not permit such exclusion. The levy of tax at the maximum rate was also upheld because no declaration under the proviso to section 17(1) had been filed, and no separate defect in that levy was shown. en-us Thu, 30 Apr 1970 00:00:00 +0530 Wed, 03 Dec 2008 00:00:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=6208 A non-resident partner of a resident registered firm could not exclude his share of the firm's foreign profits from total income under section 4(1)(c) of the Income-tax Act, 1922, because section 23(5)(a) treated the firm as the assessment unit and required the partner's share of profits to be brought into his assessment. The Court accepted the settled view, including the earlier Privy Council position, that the proviso to section 23(5)(a) did not permit such exclusion. The levy of tax at the maximum rate was also upheld because no declaration under the proviso to section 17(1) had been filed, and no separate defect in that levy was shown. Case-Laws Income Tax Thu, 30 Apr 1970 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=6208