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“Section 5(2)”

Section References (mined)Section 5Section 5(2)355 judgments

The decision most relied on for Section 5(2) is 279 ITR 331/149 Taxman 15 (Guj.); 5. CIT v. Sabari Enterprises (298 ITR 141), cited in 706 judgments on BharatTax.

Leading authorities on Section 5(2)

279 ITR 331/149 Taxman 15 (Guj.); 5. CIT v. Sabari Enterprises
298 ITR 141 · 2008 · High Court
706
citing judgments

Employee contributions to provident fund or ESI, even if deposited after the due date specified in the respective welfare statutes, are allowable as a deduction under Section 36(1)(va) if paid before the due date for filing the income-tax return. This judgment aligns the treatment of employee contributions with employer contributions under Section 43B.

Commissioner of Income Tax v. Nova Promoters and Finlease (P) Ltd.
342 ITR 169 · 2012 · High Court
658
citing judgments

To make an addition under Section 68 for unexplained cash credits, the Assessing Officer must conduct proper inquiry into the identity, genuineness, and creditworthiness of the creditor, especially concerning share application money. The assessee's initial discharge of burden by providing necessary details shifts the onus back to the AO for further investigation, including the source of source.

Co-operative Bank Ltd. v. CIT
384 ITR 490 · 2016 · High Court
631
citing judgments

Co-operative banks are not fundamentally different from co-operative societies, entitling them to claim deductions under Section 80P of the Income Tax Act, 1961, including for interest income treated as business income.

CIT v. Ghanshyam (HUF)
315 ITR 1 · 2009 · Supreme Court
363
citing judgments

Interest received under Section 28 of the Land Acquisition Act, 1894, is considered part of the enhanced compensation on compulsory acquisition of land. It is taxable as 'capital gains' and not separately as 'interest income' under the head Income from Other Sources.

Shyam Sunder v. Ram Kumar, (2001) 8 SCC 24 (para 44); Brij Mohan Das Laxman Das v. CIT
5 SCC 482 · 1997 · Supreme Court
261
citing judgments

For income to be assessable under the head 'Income from House Property' as per Section 22 of the Income Tax Act, 1961, beneficial ownership or the right to enjoy the property is sufficient; legal ownership is not a mandatory prerequisite.

CIT v. Siemens Aktiongesellschaft
310 ITR 320 · 2009 · High Court
259
citing judgments

Reimbursements of actual expenses without any profit element are not taxable income. Additionally, mere amendments to the Income-tax Act do not override the provisions of Double Taxation Avoidance Agreements (DTAAs).

Rama Bai v. CIT
181 ITR 400 · 1990 · Supreme Court
258
citing judgments

Interest income is taxable on either an accrual or cash basis, determined by accounting principles. This method was applicable prior to legislative changes that simplified the taxation of interest income.

CIT v. Govindbhai Mamaiya
91 Taxmann.com 20 · 2018 · Supreme Court
205
citing judgments

Interest on enhanced compensation received under Section 28 of the Land Acquisition Act, 1894, is considered part of the compensation, not merely interest income, and is exigible to tax on a receipt basis.

Judgments citing Section 5(2)

Rajeev Brijbhushan Bhatnagar, Mumbai vs. Income Tax Officer-28(2)(1), Mumbai, Vashi

In the result, the appeal of the assessee is allowed

ITA 4501/MUM/2024[2010-11]Status: DisposedITAT Mumbai22 Oct 2024AY 2010-11

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2010-11 Rajeev Brijbhushan Bhatnagar, Ito-28(2)(1), C/O Ca Himanshu Gandhi Tower No. 6, Vashi Railway Station Vs. Chartered Accountants 16Th Floor, Commercial Complex, Vashi, D Wing, Trade World Tower, Navi Mumbai-400703. Kamala Mills Compound, Lower Parel, Mumbai-400013. Pan No. Acfpb 2967 G Appellant Respondent

For Respondent: Mr. Himanshu Gandhi/
Section 147Section 148Section 154Section 250Section 271FSection 54

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “K (SMC)” MUMBAI BEFORE SHRI OM PRAKASH KANT (ACCOUNTANT MEMBER) AND MS

The Bharat Line Ltd, Mumbai vs. DCIT 2(1), Mumbai

In the result, the appeal of the assessee is dismissed

ITA 6867/MUM/2014[2010-11]Status: DisposedITAT Mumbai16 Oct 2024AY 2010-11

Bench: Shri Amarjit Singh & Shri Rahul Chaudharyassessment Year: 2010-11

For Appellant: Shri Vijay MehtaFor Respondent: Ms Kaveeta Punit Kaushik, Sr. DR
Section 250Section 5(2)Section 6

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH “B”, MUMBAI BEFORE SHRI AMARJIT SINGH, ACCOUNTANT MEMBER AND SHRI RAHUL CHAUDHARY

Pallav Rajnikant Pancholi, Ahmedabad vs. The ITO, Ward-2, International Taxation, Ahmedabad

In the result, the appeal of the assessee is allowed

ITA 489/AHD/2024[2018-19]Status: DisposedITAT Ahmedabad08 Oct 2024AY 2018-19

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.489/Ahd/2024 िनधा"रण वष" /Assessment Year : 2018-19 Pallav Rajnikant Pancholi The Ito बनाम/ 903, Anurag Flats Ward-2, International Taxation V/S. Nr.Vidhyanagar School Ahmedabad Usmanpura Ahmedabad – 380 014 (Gujarat) "थायी लेखा सं./Pan: Ceepp 9266 D अपीलाथ&/ (Appellant) '( यथ&/ (Respondent) Assessee By : Shri Rajesh C. Shah, Ar Revenue By : Shri Prithviraj Meena, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 01/10/2024 घोषणा की तारीख /Date Of Pronouncement: 08/10/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

For Appellant: Shri Rajesh C. Shah, ARFor Respondent: Shri Prithviraj Meena, CIT-DR
Section 143(3)Section 147Section 148ASection 56(2)(x)Section 69A

considered residents under Pallav Rajnikant Pancholi vs. ITO, Ward-2 (Intl.Taxn.) Asst. Year : 2018-19 9 the provisions of the Act. As per Section 5(2) of the Act, the global income of a non-resident is taxable in India only if it is received or deemed to be received

Vimla Devi Meena, Dausa vs. ITO Ward- Dausa, Dausa

ITA 1034/JPR/2024[2011-12]Status: HeardITAT Jaipur01 Oct 2024AY 2011-12

Bench: SHRI SANDEEP GOSAIN (Judicial Member)

For Appellant: Shri Sarwan Kumar Gupta, Advocate &For Respondent: Shri Gautam Singh Chaudhary, JCIT D/R
Section 144Section 147Section 148Section 2Section 234ASection 250

आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES,”SMC” JAIPUR Jh lanhi xkslkbZ] U

M/S Safa Enterprises, Kodungallur vs. The ACIT, Range 2, Circle 1, Thrissur

In the result, both the appeals filed by the assessee are allowed

ITA 232/COCH/2023[2013-14]Status: DisposedITAT Cochin26 Sept 2024AY 2013-14

Bench: Shri Waseem Ahmed & Shri Soundararajan K.

For Appellant: ------- None ------For Respondent: Smt. Girly Albert, Sr. D.R
Section 195Section 195(2)Section 40Section 5(2)(b)

account of commission paid to overseas agents was deemed to accrue or arise in India and was accordingly taxable under the provision of section 5(2)(b) r.w.s. 9(1)(i) of the Act but the assessee has failed to make the compliances with the provisions of section 195(2

M/S Safa Enterprises, Kodungallur vs. The ACIT, Range 2, Thrissur

In the result, both the appeals filed by the assessee are allowed

ITA 231/COCH/2023[2010-11]Status: DisposedITAT Cochin26 Sept 2024AY 2010-11

Bench: Shri Waseem Ahmed & Shri Soundararajan K.

For Appellant: ------- None ------For Respondent: Smt. Girly Albert, Sr. D.R
Section 195Section 195(2)Section 40Section 5(2)(b)

account of commission paid to overseas agents was deemed to accrue or arise in India and was accordingly taxable under the provision of section 5(2)(b) r.w.s. 9(1)(i) of the Act but the assessee has failed to make the compliances with the provisions of section 195(2

Subash Chand, Kaithal vs. Income Tax Officer, Kaithal

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 401/CHANDI/2024[2011-12]Status: DisposedITAT Chandigarh25 Sept 2024AY 2011-12

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)

For Appellant: Shri Pulkit Saini, AdvocateFor Respondent: Dr. Ranjeet Kaur, Sr. DR
Section 143(3)Section 147Section 2Section 234ASection 4

issuance of certificate under section 5(1) and furnish proof of such withdrawal along with intimation of payment to the designated authority under section 5(2) of the Act. In the instant case, the ld AR has stated at the Bar that the assessee had not proceeded with the deposit

Asst. Commissioner of Income Tax (It)- 2(1)(1), Mumbai vs. Credit Suisse (Singapore) Limited, Singapore

In the result, appeal by the Revenue for assessment year 2014-15 is dismissed

ITA 1700/MUM/2024[2018-19]Status: DisposedITAT Mumbai23 Sept 2024AY 2018-19

Bench: Smt. Beena Pillai & Shri Ratnesh Nandan Sahay

Section 5(2)Section 9Section 9(1)(i)

outset, it is pertinent to note certain provisions of the Act, which are relevant in order to decide the issue at hand. Section 5(2) of the Act provides that the total income of a person who is non-resident includes all income from whatever source derived, which is received

M/S Stylam Industries Ltd., Chandigarh vs. DCIT, C-1(1), Chandigarh

In the result, the Department’s appeal in for assessment year

ITA 394/CHANDI/2019[2014-15]Status: DisposedITAT Chandigarh04 Sept 2024AY 2014-15

Bench: SHRI A.D.JAIN (Vice President), SHRI VIKRAM SINGH YADAV (Accountant Member)

For Appellant: Shri Vineet Krishan, AdvocateFor Respondent: Shri Dharam Vir, JCIT, Sr.DR
Section 14ASection 195Section 40Section 40ASection 5(2)Section 6Section 9(1)

contention of the assessee are unacceptable. 2.8 The provisions of section 195 has to be read in consonance with the provisions of section 5(2) and section 9(1) of the Act which deals with the 'total income of non-resident' and 'income deemed to accrue or arise in India ... resident agents is deemed to accrue and arise in India, and is taxable under the Act in view of the specific provision of section 5(2)(b) read with section 9(1 )(i) of the Act. The provision of section 1 95 would apply, and the rate of tax will

DCIT, C-1(1), Chandigarh vs. M/S Stylam Industries Ltd., Chandigarh

In the result, the Department’s appeal in for assessment year

ITA 389/CHANDI/2019[2014-15]Status: DisposedITAT Chandigarh04 Sept 2024AY 2014-15

Bench: SHRI A.D.JAIN (Vice President), SHRI VIKRAM SINGH YADAV (Accountant Member)

For Appellant: Shri Vineet Krishan, AdvocateFor Respondent: Shri Dharam Vir, JCIT, Sr.DR
Section 14ASection 195Section 40Section 40ASection 5(2)Section 6Section 9(1)

contention of the assessee are unacceptable. 2.8 The provisions of section 195 has to be read in consonance with the provisions of section 5(2) and section 9(1) of the Act which deals with the 'total income of non-resident' and 'income deemed to accrue or arise in India ... resident agents is deemed to accrue and arise in India, and is taxable under the Act in view of the specific provision of section 5(2)(b) read with section 9(1 )(i) of the Act. The provision of section 1 95 would apply, and the rate of tax will

M/S Stylam Industries Ltd., Chandigarh vs. DCIT, C-1(1), Chandigarh

In the result, the Department’s appeal in for assessment year

ITA 960/CHANDI/2017[2013-14]Status: DisposedITAT Chandigarh04 Sept 2024AY 2013-14

Bench: SHRI A.D.JAIN (Vice President), SHRI VIKRAM SINGH YADAV (Accountant Member)

For Appellant: Shri Vineet Krishan, AdvocateFor Respondent: Shri Dharam Vir, JCIT, Sr.DR
Section 14ASection 195Section 40Section 40ASection 5(2)Section 6Section 9(1)

contention of the assessee are unacceptable. 2.8 The provisions of section 195 has to be read in consonance with the provisions of section 5(2) and section 9(1) of the Act which deals with the 'total income of non-resident' and 'income deemed to accrue or arise in India ... resident agents is deemed to accrue and arise in India, and is taxable under the Act in view of the specific provision of section 5(2)(b) read with section 9(1 )(i) of the Act. The provision of section 1 95 would apply, and the rate of tax will

DCIT, C-1(1), Chandigarh vs. M/S Stylam Industries Ltd., Chandigarh

In the result, the Department’s appeal in for assessment year

ITA 1033/CHANDI/2017[2013-14]Status: DisposedITAT Chandigarh04 Sept 2024AY 2013-14

Bench: SHRI A.D.JAIN (Vice President), SHRI VIKRAM SINGH YADAV (Accountant Member)

For Appellant: Shri Vineet Krishan, AdvocateFor Respondent: Shri Dharam Vir, JCIT, Sr.DR
Section 14ASection 195Section 40Section 40ASection 5(2)Section 6Section 9(1)

contention of the assessee are unacceptable. 2.8 The provisions of section 195 has to be read in consonance with the provisions of section 5(2) and section 9(1) of the Act which deals with the 'total income of non-resident' and 'income deemed to accrue or arise in India ... resident agents is deemed to accrue and arise in India, and is taxable under the Act in view of the specific provision of section 5(2)(b) read with section 9(1 )(i) of the Act. The provision of section 1 95 would apply, and the rate of tax will

Sanjay Ajit, Coimbatore vs. Income Tax Officer, International Taxation, Coimbatore

The appeal stands partly allowed in terms of our above order

ITA 1317/CHNY/2023[2020-21]Status: DisposedITAT Chennai03 Sept 2024AY 2020-21

Bench: Hon’Ble Shri Aby T. Varkey, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.1317/Chny/2023 (िनधा*रणवष* / Assessment Year: 2020-21 Shri Sanjay Ajit Ito बनाम/ Flat No.69, Sri Vari Gardens, International Taxation Ward, Vkk Menon Road, New Sidhapusur, Coimbatore. Vs. Coimbatore South-641 044. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Fcgps-0088-P (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri G.C.Srivasatava (Advocate)(Virtual) - Ld.Ar " थ"कीओरसे/Respondent By : Dr. Samuel Pitta (Jcit) -Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 22-08-2024 घोषणाकीतारीख /Date Of Pronouncement : 03-09-2024 आदेश / O R D E R

For Appellant: Shri G.C.Srivasatava (Advocate)(Virtual) -For Respondent: Dr. Samuel Pitta (JCIT) -Ld. Sr. DR
Section 143(3)Section 15Section 234DSection 270ASection 5(2)Section 5(2)(a)Section 9(1)(ii)Section 90

5. The Ld. AO has erred in law and on facts in ignoring the provisions of section 15 read with section 5(2) and section 9(1)(ii) of the Act, which clearly provides taxability of salary on the basis of accrual and not on the basis of receipt ... erred in law and on facts in determining the taxability of salary income of the Appellant relying only on the provisions of section 5(2)(a) of the Act, though the said section has to be read with other relevant provisions of the Act which is section

Umw Sher (L) Limited, New Delhi vs. ACIT Int.Tax. Circle-3(1)(1), New Delhi

In the result, appeals are allowed, as indicated above

ITA 2348/DEL/2024[2015-16]Status: DisposedITAT Delhi28 Aug 2024AY 2015-16

Bench: Shri Vikas Awasthy & Shri Naveen Chandraआअसं.2346 To 2348/िद"ी/2024 (िन.व. 2013-14 To 2015-16)

For Appellant: Shri Ved Jain, Advocate &For Respondent: Shri Vizay B Vasanta, CIT-DR
Section 115ASection 147Section 148Section 44BSection 5(2)Section 9(1)(vi)

impugned AY are as under:- “29. The income from equipment rental is sourced in India in view of Section 5(2) r.w.s. 9 of the Act as such services are utilized in India. The equipment rental is a royalty income u/s 9(1)(vi)Explanation 2, of the Income

Umw Sher (L) Limited, New Delhi vs. ACIT, Int. Tax. Circle-3(1)(1), New Delhi

In the result, appeals are allowed, as indicated above

ITA 2347/DEL/2024[2014-15]Status: DisposedITAT Delhi28 Aug 2024AY 2014-15

Bench: Shri Vikas Awasthy & Shri Naveen Chandraआअसं.2346 To 2348/िद"ी/2024 (िन.व. 2013-14 To 2015-16)

For Appellant: Shri Ved Jain, Advocate &For Respondent: Shri Vizay B Vasanta, CIT-DR
Section 115ASection 147Section 148Section 44BSection 5(2)Section 9(1)(vi)

impugned AY are as under:- “29. The income from equipment rental is sourced in India in view of Section 5(2) r.w.s. 9 of the Act as such services are utilized in India. The equipment rental is a royalty income u/s 9(1)(vi)Explanation 2, of the Income

Umw Sher (L) Limited, New Delhi vs. ACIT, Int. Tax. Circle-3(1)(1), New Delhi

In the result, appeals are allowed, as indicated above

ITA 2346/DEL/2024[2013-14]Status: DisposedITAT Delhi28 Aug 2024AY 2013-14

Bench: Shri Vikas Awasthy & Shri Naveen Chandraआअसं.2346 To 2348/िद"ी/2024 (िन.व. 2013-14 To 2015-16)

For Appellant: Shri Ved Jain, Advocate &For Respondent: Shri Vizay B Vasanta, CIT-DR
Section 115ASection 147Section 148Section 44BSection 5(2)Section 9(1)(vi)

impugned AY are as under:- “29. The income from equipment rental is sourced in India in view of Section 5(2) r.w.s. 9 of the Act as such services are utilized in India. The equipment rental is a royalty income u/s 9(1)(vi)Explanation 2, of the Income

Universal Tractor Holding Llc, Usa vs. DCIT, International Taxation Circle 3(1)(1), New Delhi

In the result, the appeal of the assessee is dismissed

ITA 2216/DEL/2022[2019-20]Status: HeardITAT Delhi28 Aug 2024AY 2019-20

Bench: Dr. B. R. R. Kumar, Sh. Sudhir Kumar

For Appellant: Sh. Durgesh Shankar, AdvFor Respondent: Ms. Banita Devi Neorem, CIT-DR
Section 143(3)Section 49

inturn not eligible to be considered as resident for the purpose of India-USA DTAA. Applying the source rules as per Section 5(2) and Section 9 of the Income Tax Act, 1961 as the assessee is not a “resident” for the tax purpose of USA and since

Sri Ukkandath Dileepan, Uroob Nagar, Palapram vs. ACIT(OSD)International Taxation, Kozhikode

ITA 99/COCH/2024[2011-12]Status: DisposedITAT Cochin14 Aug 2024AY 2011-12

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: Sri.C.Venugopal, AdvocateFor Respondent: Smt.V.Swarnalatha, Sr.DR
Section 143(3)Section 147Section 148

appellant from tourists and other visa applicants in India is accepted, the source of the appellant's income is in India. Section 5(2) specifies that in the case of a non-resident, income that is received or deemed to be received in India would be subject

Ukkandath Dileepan, Pallapuram vs. ITO International Taxation, Calicut

ITA 101/COCH/2024[2013-14]Status: DisposedITAT Cochin14 Aug 2024AY 2013-14

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: Sri.C.Venugopal, AdvocateFor Respondent: Smt.V.Swarnalatha, Sr.DR
Section 143(3)Section 147Section 148

appellant from tourists and other visa applicants in India is accepted, the source of the appellant's income is in India. Section 5(2) specifies that in the case of a non-resident, income that is received or deemed to be received in India would be subject

Kpmg Assurance and Consulting Services LLP, Mumbai vs. Assistant Commissioner of Income Tax-Circle-16(2), Mumbai

Accordingly, Ground No. 5 & 6 raised by the Revenue are dismissed

ITA 2415/MUM/2023[2014-15]Status: DisposedITAT Mumbai12 Aug 2024AY 2014-15

Bench: SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

resident the total income of a previous year is to be determined as per the scope of total income specified in Section 5(2) of the Act read with deeming provisions contained in Section 9 of the Act. 13.4. As per Section 9(1)(vii) of the Act income