https://www.taxtmi.com/caselaws?id=35887 A declaration or option made under section 17(1) of the 1922 Income-tax Act did not automatically survive under section 113(3) of the 1961 Act. The saving provision preserved earlier elections only where they could operate under the corresponding new provision, and the altered statutory scheme, including the treatment of non-residents and persons not ordinarily resident, prevented mechanical transposition of the old option. A declaration made when the assessee was non-resident was therefore not binding for assessment year 1964-65 when he was assessed as resident but not ordinarily resident, and he was not chargeable at the rate applicable to total world income. en-us Wed, 18 Feb 1981 00:00:00 +0530 Wed, 17 Mar 2010 15:52:10 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=35887 A declaration or option made under section 17(1) of the 1922 Income-tax Act did not automatically survive under section 113(3) of the 1961 Act. The saving provision preserved earlier elections only where they could operate under the corresponding new provision, and the altered statutory scheme, including the treatment of non-residents and persons not ordinarily resident, prevented mechanical transposition of the old option. A declaration made when the assessee was non-resident was therefore not binding for assessment year 1964-65 when he was assessed as resident but not ordinarily resident, and he was not chargeable at the rate applicable to total world income. Case-Laws Income Tax Wed, 18 Feb 1981 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=35887