https://www.taxtmi.com/caselaws?id=755653 ITAT Delhi held that salary income from employment in Korea was not taxable in India under Article 15(1) of India-Korea DTAA, as the employee was a Korean resident and services were rendered outside India. The tribunal ruled that merely offering income voluntarily in tax returns does not grant revenue the right to tax it if statutory provisions don't support taxation. The case was partially remanded regarding short-term capital gains taxation at concessional rates under section 111A and TDS credit verification, with interest under section 234B being consequential in nature. en-us Tue, 28 Nov 2023 00:00:00 +0530 Tue, 16 Jul 2024 15:35:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=755653 ITAT Delhi held that salary income from employment in Korea was not taxable in India under Article 15(1) of India-Korea DTAA, as the employee was a Korean resident and services were rendered outside India. The tribunal ruled that merely offering income voluntarily in tax returns does not grant revenue the right to tax it if statutory provisions don't support taxation. The case was partially remanded regarding short-term capital gains taxation at concessional rates under section 111A and TDS credit verification, with interest under section 234B being consequential in nature. Case-Laws Income Tax Tue, 28 Nov 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=755653