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2002 (7) TMI 78 - HC - Income TaxDouble Taxation Avoidance, Pension Received From Abroad - Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that the pension received by the assessee from the Malaysian Government could not be assessed as salary under the Income-tax Act, 1961? - Tribunal has pointed out that the University of Malaysia is a statutory authority and as such would fall within the term Government and, therefore, the pension paid by the University of Malaysia as in the present case would have to be construed for the purpose of the Agreement as a pension received from the Government, which is taxable in terms of article 18(3) in Malaysia by the Government of Malaysia. We do not find anything wrong in the order and it is absolutely correct and we confirm the same. The question is therefore answered in favour of the assessee and against the Revenue.
The High Court of Madras ruled that the pension received by the assessee from the Malaysian Government could not be assessed as salary under the Income-tax Act, 1961. The Tribunal held that the pension was not taxable in India due to a tax agreement with Malaysia, preventing double taxation. The court confirmed the Tribunal's decision in favor of the assessee.
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