https://www.taxtmi.com/caselaws?id=49635 Section 4A(b) establishes a rebuttable presumption that a firm whose partners reside in the taxable territories is resident unless control and management of its affairs is wholly situated outside those territories. The operative inquiry is the de facto exercise of control and management over matters affecting the firm's income. Although the partnership deed delegated daily management abroad, contemporaneous correspondence showed partners in the taxable territories approving budgets and issuing specific operative instructions on purchases, salaries, reserves and dispatches; such acts constituted exercise of control. The onus rests on the assessee to prove control was wholly outside; outcome: firm held resident and appeal dismissed. 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) establishes a rebuttable presumption that a firm whose partners reside in the taxable territories is resident unless control and management of its affairs is wholly situated outside those territories. The operative inquiry is the de facto exercise of control and management over matters affecting the firm's income. Although the partnership deed delegated daily management abroad, contemporaneous correspondence showed partners in the taxable territories approving budgets and issuing specific operative instructions on purchases, salaries, reserves and dispatches; such acts constituted exercise of control. The onus rests on the assessee to prove control was wholly outside; outcome: firm held resident and appeal dismissed. Case-Laws Income Tax Tue, 22 Apr 1958 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=49635