1967 (1) TMI 17

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..... s share of income for the two years or could have utilised the same for any expenditure actually incurred in Ceylon - there is no constructive remittance into the taxable territories of any part of his foreign income - explanation to section 45 is therefore not attracted
Judge(s) : VEERASWAMI., RAMAPRASADA RAO. JUDGMENT The judgment of the court was delivered by VEERASWAMI J.-The petitioner .....

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..... that there is prohibition or restriction in Ceylon in respect of bringing money from there into the taxable territories. The proviso shows that, so long as such prohibition or restriction continues, the Income-tax Officer shall continue to treat the assessee as not in default in respect of such part of the tax as is on his foreign income not brought into the taxable territories. Learned counsel f .....

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..... income. Nor is the case where the assessee is shown to have brought into the taxable territories any part income. The Explanation to section 45 is therefore not attracted. So far as the proviso is concerned, as the prohibition or restriction has been and is still in force, the assessee is entitled to the benefit of it, Our attention was invited to Muthuwappa v. First Additional Income-tax Officer .....

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