9911796707
TMI Blog1985 (6) TMI 63X X X X Extracts X X X X X X X X Extracts X X X X ..... 'the Act'). 2. The amount has been received by the assessee in terms of pension to a political sufferer, since the assessee during the British regime, as a freedom fighter, is said to have been a part and parcel of the freedom movement and on attaining independence, the Government lauded the services of freedom fighters and the respective State Governments as also the Central Government sanctioned monetary assistance to political sufferers who have undergone various sentences/imprisonment under the British rule. The assessee being one of those political sufferers has received the amount in question from the State of Uttar Pradesh. The amount is without any consideration as also without any source, since neither any services has been rende ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a specific direction that they shall form part of the corpus of the trust or institution. Explanation : For the purposes of this sub-clause, 'trust' includes any other legal obligation ; (iii) the value of any perquisite or profit in lieu of salary taxable under clauses (2) and (3) of section 17 ; (iv) the value of any benefit or perquisite, whether convertible into money or not, obtained from a company either by a director or by a person who has a substantial interest in the company, or by a relative of the director or such person, and any sum paid by any such company in respect of any obligation which, but for such payment, would have been payable by the director or other person aforesaid ; (iva) the value of any benefit or perqu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deals with the topic 'Scope of total income' and reads as under : " (1) Subject to the provisions of this Act, the total income of any previous year of a person who is a resident includes all income from whatever source derived which-- (a) is received or is deemed to be received in India in such year by or on behalf of such person ; or (b) accrues or arises or is deemed to accrue or arise to him in India during such year ; or (c) accrues or arises to him outside India during such year : Provided that, in the case of a person not ordinarily resident in India within the meaning of sub-section (6) of section 6, the income which accrues or arises to him outside India shall not be so included unless it is derived from a business contro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee cannot necessarily be deemed to be the income of the assessee for the purposes of income-tax and the question whether any particular receipt is income or not depends on the nature of the receipt and the true scope and effect of the relevant taxing provision. The income-tax authorities cannot assess all receipts, since they can assess only those receipts which amount to 'income'. The legal position, as such, boils down to the fact that before a receipt can be assessed as 'income', the authorities must find it to be an 'income' and they cannot find it so until and unless there be material to justify their stand. In the case of the assessee, the amount received by him is for no services to the State of Uttar Pradesh, much less, to th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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