| COURT: | Calcutta High Court |
| CORAM: | Amrita Sinha J, I. P. Mukerji J |
| SECTION(S): | 160, 163, 5, 9 |
| GENRE: | Domestic Tax, International Tax |
| CATCH WORDS: | Accrual of income, agent, non-resident, representative assessee |
| COUNSEL: | J. P. Khaitan |
| DATE: | September 25, 2018 (Date of pronouncement) |
| DATE: | October 6, 2018 (Date of publication) |
| AY: | - |
| FILE: | Click here to view full post with file download link |
| CITATION: | |
| S. 5, 9, 163, 166: A representative assessee represents all income of a non-resident accruing or arising in India directly or indirectly from any business connection in India. It is wrong to contend that the representative assessee is not liable for income which has directly arisen or accrued in India. It is also wrong that if the department chooses to make an assessment of the person resident outside India directly, it cannot assess the agent or representative assessee. The Dept has the choice of proceeding against either | |
In my opinion the Tribunal has made a complete misunderstanding of the law in entertaining the opinion that since the income made by the non- resident Cricket Boards were held to have directly arisen in India, this income could not be deemed to have arisen or accrued to the non-resident in India and the responsibility of the representative assessee was confined to accounting for income which had directly arisen or accrued in India
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