TaxTMI 
TaxTMI 
2024 (9) TMI 725
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....he case. 2. The Ld. CIT(A) has erred in observing the assessee's bank account statement of ADIB Bank, UAE that an amount of Rs. 1,74,000 UAE Dhirham. i.e. Rs. 31,57,404/- has only been credited as salary. 3. The Ld. CIT(A) has erred in observing that the assessee's explanation of cash withdrawal from his employer company's current account towards incentive, bonus and extra time remuneration would be a part of his total salary, further there are no direct evidence in support of the returned income of Rs. 2,66,37,601/- (Rs. 2,97,95,005/- minus Rs. 31,57,404/-) as Salary income. 4. Whether in facts and circumstances of the case and in law, the Ld. CIT(A) is right in holding that the cash withdrawal from his employer company's current account towards incentive, bonus and extra time remuneration form part of salary and exempt under the head income from salary." 3. Brief facts of the case are that the assessee is a NRI during the Financial Year 2016-17 and filed his return of income for the A.Y. 2017- 18 on 08.11.2017 admitting a total income of Rs. 27,11,510/- consisting of income from House property and income from other sources. The Assessee has also claimed sho....
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....SAL WPS 00000000212594PIF 29,000 TOTAL 1,74,000 2.1.4 It is seen from the bank statement that an amount of Rs. 1,74,000 UAE Dhirham ie. Rs. 31,57404/- has only been credited as salary. The assessee's explanation of cash withdrawal from his employer company's current account towards incentive, bonus and extra time remuneration were also form part of the total salary admitted of Rs. 2,97.95.005/-, could not be accepted, as there is no direct evidence in support of the .same. In view of the above, the assessee's contention that the amount of Rs. 2,66,37,601/- (Rs.2,97,95,005/- minus Rs. 31,57,404/-) as Salary income and claimed it as exempt income is disallowed and added as income from salary (Disallowance of exempt income: Rs. 2,66,37, 601/-) 2.2.2 On perusal of the reply furnished by the assessee it is found that the cost of furniture, fixtures and interiors, etc., is included as the Cost of acquisition of the said property. It is to be mentioned here that the assessee has sold an immovable property vide document No.687/2016 dated 07-11-2016 for a consideration of Rs. 3,38,00,000/- being the value as per the stamp valuation authorities. The purc....
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....ived outside India and was also expended outside except for a minor part of Rs. 5,37,000/- which was remitted to India. The employer of the appellant certified that the appellant was in receipt of the said amount, whether the same was received in a bank account or in cash or via general ledger becomes immaterial and irrelevant for Indian Taxation purposes. 5.2 And next comes, the residential status of the appellant. As seen from the corroborative and statutory evidence submitted by the appellant in the form of passport, the appellant has stayed in India in all for 30 days. His status as a non-resident in India is an undisputed fact as emerging fromn assessment record as well as assessment order also. The Authorised Representative of the appellant pleaded the same via ground of appeal no.2 and stated that his salary income accrued/earned and received outside India cannot be chargeable to tax subject to provisions of the Act. 5.3 The basic principles of chargeability of income as per section 4 of IT Act are: (i) Income tax is to be charged at the rate or rates fixed for the year by Annual Finance Act; (ii) the charge is on every person, including the assessable entities enume....
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....an be seen from the bank statement that an amount of Rs. 1,74,000 UAE Dhirham i.e., Rs. 31,57,404/- has only been credited as salary. 4. On perusal of the Remand Report it is seen that the Assessee has submitted a certificate from his employer M/s.AL KAYED WORKSHOP and also ledger details evidencing his gross salary of AED 1,655,000/-. The assessee's explanation of cash withdrawal from his employer company's current account towards incentive, bonus and extra time remuneration could not be accepted as there is no direct evidence found for disbursement of salary in his bank account other than Rs. 31,57,404/-, Hence, the contention of the assessee is not acceptable." 7. Per contra, the Ld. AR supporting the order of the Ld.CIT(A), stated that the assessee was non-resident during the A.Y. 2017-18 and the salary earned at UAE is exempt from income tax in India. The Ld.CIT(A) has considered the details of the assessee's stay in UAE during the relevant assessment year, his employment and salary drawn and rightly allowed the appeal of the assessee by deleting the addition of exempt salary income made by the AO. The Ld.AR submitted the paper book consisting of 92 pages in support....