Dismissing the appeal of the revenue the Tribunal held that , the assessee being a non -resident , having money in a foreign country cannot be called upon to pay income tax on that money in India unless it satisfies the tests of taxability on non -resident under the provisions of the Act, which in the instant case is not getting satisfied in the case of the assessee. Thus the bank account of HSBC Bank , Geneva is outside the purview of this Act . A non -resident having money in a foreign country cannot be taxed in India if such money has neither been received or deemed to be received , nor ha it accrued or arisen to him or deemed to accrue or arise to him in India . Accordingly addition cannot be made for the alleged deposit in foreign Bank accounts .( ITA No. 4751/Mum/ 2016 / 4752/Mum/2016 dt 19 -06 -2018) (AY. 2006 -07 , 2007 -08)
Dy CIT v. Dipendu Bapalal Shah ( 2018) 171 ITD 602 /( 2019) 197 TTJ 149(Mum) (Trib) www.itatonline.org
S.5:Scope of total income – Non-Resident- Alleged deposit in HSBC foreign bank Account at Geneva – A non -resident having money in a foreign country cannot be taxed in India if such money has neither been received or deemed to be received , nor ha it accrued or arisen to him or deemed to accrue or arise to him in India -Addition cannot be made for the alleged deposit in foreign Bank accounts [ S. 5 (2) ,6, 9 ]