Supreme Court of India
Commissioner of Income Tax v. P.V.A.L. Kulandagan Chettiar (dead) through Lrs.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We hold that business income out ofrubber plantations cannot H be taxed in India because of closer economic relations between the assessee C.I.T. v.
Judgment, page 24
From the headnote
Agreement of Avoidance of Double Taxation of Income and Prevention of Fiscal Evasion of Tax between India and Malaysia: Article V//(1)-Income Tax-Double Taxation-Assessee, who was a resident of India, owned rubber estates in Malaysia-Assessee had permanent establishment in Malaysia but not in India-Assessee derived business income and capital gains in Malaysia-Liability to income tax Held: In view of the closer economic relationship between the assessee and Malaysia where his permanent establishment is set up, such business income and capital gains could not be taxed in India. Income Tax Act,
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