9911796707
TMI Blog1987 (11) TMI 121X X X X Extracts X X X X X X X X Extracts X X X X ..... Ship Management Ltd.Hong Kong. He served on board vessel M.V. Hemlock for the period from18th March, 1980till8th Sept., 1980and thereafter on Board vessel M.V. Union from23rd Dec., 1980. His contract with M/s. Wallem Ship Management Ltd. terminated on 31st day of March, 1981. For the preceding asst. yr. 1981-82 the assessee was non-resident and his salary earnings from the foreign employer in ques ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot been included in the assessable income as it was not taxable and pertained to the period when he was a non-resident. However, the ITO did not accept the assessee's contention and held that the said amount was taxable in the assessment year in question on receipt basis. 3. The appeal filed by the assessee before the learned AAC also remained unsuccessful as the learned AAC took the view that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve considered the rival submissions as also the decisions referred to above. The facts in this case are not in dispute. The first principle is that income is taxable at the earliest point of time when the income accrues or is received, whichever is earlier. The taxable provisions are automatically attracted and there is no choice either with the assessee or with the assessing officer. Taxability i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e during the asst. yr. 1981-82 when the status of the assessee was that of a non-resident and when the income question was not taxable as salary and once it is recognised that income is taxable at the earliest point of time, it cannot be taxed in the assessment year in question just because it was not taxable in the asst. yr. 1981-82. In the case of Bhuban Mohan Banerjee it was held by the Calcutt ..... X X X X Extracts X X X X X X X X Extracts X X X X
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