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TMI Blog2008 (1) TMI 390X X X X Extracts X X X X X X X X Extracts X X X X ..... g the benefit, namely, the concessional rate of income tax at 21 per cent. under section 115E of the Income-tax Act, thereafter, he filed a declaration to change his status from NRI to resident. The assessee after filing such declaration claimed certain reliefs under section 115H of the Income-tax Act – held that - , in view of the provisions of section 115H of the Income-tax Act, we are of the op ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... question of law: "Whether, on the facts and circumstances of the case, the appellant having become a 'resident' or income-tax purposes, is entitled for the benefit under section 115H of the Income-tax Act." 3. We have heard learned counsel appearing for both the parties. 4. After hearing, we have noticed the following undisputed facts in the case. The assessee as a doctor was a non-resid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal before the Income-tax Appellate Tribunal, Bangalore Bench, which appeal came to be allowed on the ground that in view of the declaration filed by the assessee, the assessee was not entitled for deduction under Chapter VI-A of the Income-tax Act. Being aggrieved by the said order, the present appeal is filed by the assessee. 5. According to learned counsel for the assessee, the tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ame into Indian rupee and is earning interest on such investment made in the bank. Therefore, in view of the provisions of section 115H of the Income-tax Act, we are of the opinion that the Tribunal was justified in allowing the appeal of the Revenue and setting aside the order passed by the Commissioner of Income-tax (Appeals). 7. It is not in dispute that the assessee having filed a declarat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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