1981 (6) TMI 97 - AT - Income Tax

Summary

The appeal by the Department involved two issues: (1) income from rubber estate in Malaysia and (2) short-term capital gains from property sale in Malaysia. The Tribunal ruled that the income from rubber estates in Malaysia is not taxable in India as the assessee has no permanent establishment in India. Similarly, the capital gains from the property sale in Malaysia cannot be taxed in India as per the agreement for avoidance of double taxation. The departmental appeal was dismissed. (Case: Appellate Tribunal ITAT MADRAS-B, Citation: 1981 (6) TMI 97 - ITAT MADRAS-B)