1993 (9) TMI 46

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....--By this reference under section 256(1) of the Income-tax Act, 1961, at the instance of the assessee, the Income-tax Appellate Tribunal has referred the following question of law to this court for opinion : "Whether, on the facts and in the circumstances of the case, having regard to the restrictions imposed by the Ceylon Government, what part, if any, of the Ceylon dividends of Rs. 9,353 and ....

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....ppellate Assistant Commissioner and the Income-tax Appellate Tribunal. Hence this reference at the instance of the assessee. We have carefully considered the contention of the assessee. We, however, do not find any merit in the same. There is no dispute in regard to the accrual of income to the assessee from dividend and interest during the year under consideration in Ceylon. Nor is there any d....

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....or arises to him outside India during such year." The uncontroverted facts of this case are that (i) the assessee is a resident in India and (ii) the income from dividend and interest accrued to him during the year under consideration in Ceylon. Such income clearly falls within the scope of his total income in view of section 5 of the Act. The only ground on which the assessee objects to its in....

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....t of that amount of his income which, by reason of such prohibition or restriction, cannot be brought into India, and shall continue to treat the assessee as not in default in respect of such part of the tax until the prohibition or restriction is removed." It is clear from the above sub-section that it is intended to mitigate the hardship that may be caused to the assessees who are assessed in....