Shri Suresh George, Alappuzha vs. The ADIT International Taxation, Thiruvananthapuram-3, Thiruvanathapuram
In the result, the appeal by the assessee is allowed for statistical purposes
ITA 794/COCH/2022[2011-2012]Status: DisposedITAT Cochin16 Jun 2023AY 2011-2012
Bench: Shri Sanjay Arora & Shri Aby T.Varkeysuresh George Asstt. Director Of Income Tax Kurichyiel House International Taxation Payippad, Harippad Vs. Thiruvananthapuram Alappuzha 690 556 [Pan:Affpg5853B]
For Appellant: Shri Suresh Kumar Verma, CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 142(1)Section 143(2)Section 143(3)Section 192Section 194JSection 9(1)Section 9(1)(vii)
…o u/s. 9(1) of the Act, it is, without doubt, received in India, so that it is taxable in India in view of section 5(2)(a) of the Act, adverted to both by the AO and the ld. CIT(A), and even otherwise a part of the well-settled law (Raghav Reddi v. CIT [1962] 44 ITR 720 (SC); Turner Morrison Co. Ltd. v. CIT [1953] 23 ITR 152 (SC), to cite two). Toward this, Sh. Varma, the ld. counsel for the assessee, would submit that the receipt being in his NRE account, it is not to be regarded as receipt in India, referring to Board Circular 13/2017 dated 11.4.2017 (PB pg. 56). Also, the salary of all seafarers is exempt unde…