https://www.taxtmi.com/caselaws?id=49635 Section 4A(b) treated residence of a firm as established where the control and management of its affairs was exercised wholly or partly in India. The presumption arising from resident partners could be displaced only by showing that control lay wholly outside the taxable territories, and the control had to be de facto rather than merely theoretical. On the facts described, correspondence and conduct showed that important business matters were directed from India, including budgets, expenditure, salaries, purchases and distribution of surplus, so partial control in India was enough to attract residence. The partner's instructions were also effective because each partner had a right to participate in the conduct of the business. en-us Tue, 22 Apr 1958 00:00:00 +0530 Fri, 05 Sep 2014 18:41:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=49635 Section 4A(b) treated residence of a firm as established where the control and management of its affairs was exercised wholly or partly in India. The presumption arising from resident partners could be displaced only by showing that control lay wholly outside the taxable territories, and the control had to be de facto rather than merely theoretical. On the facts described, correspondence and conduct showed that important business matters were directed from India, including budgets, expenditure, salaries, purchases and distribution of surplus, so partial control in India was enough to attract residence. The partner's instructions were also effective because each partner had a right to participate in the conduct of the business. Case-Laws Income Tax Tue, 22 Apr 1958 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=49635