This review discusses the appeal filed by the DCIT, Central Circle-4, New Delhi against Anand Persad Jaiswal concerning the assessment year 2003-04, highlighting significant legal arguments and their implications in tax jurisprudence.
The Revenue’s appeal challenges the CIT(A)-23’s order dated August 25, 2022, which quashed the assessment order for the assessment year 2003-04. The appeal focuses particularly on the retrospective application of the Income Tax Act’s amendments and the tax liabilities of non-resident incomes.
The ITAT Delhi panel, comprising Judicial Member Shri Chandra Mohan Garg and Accountant Member Dr. B.R.R. Kumar, upheld the CIT(A)’s decision. The tribunal endorsed the CIT(A)’s reliance on the precedents set by the Delhi High Court and found that the assessments for the period before the amendment of the Finance Act 2012 were rightly not reopened.
The tribunal dismissed the Revenue’s arguments on both grounds, affirming that the income earned outside India by a non-resident does not fall within the purview of Indian tax liability unless it is received or deemed to be received in India.
This case reaffirms critical aspects of the legal treatment of retrospective amendments and the taxation of non-resident income under Indian tax law, providing clarity on the application of these principles in similar cases.
Legal Analysis: DCIT vs. Anand Persad Jaiswal for AY 2003-04
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