| Case ID |
10450cfd-361d-4ff4-bee6-50d8a70e9247 |
| Body |
View case body. Login to View |
| Case Number |
IT REFERENCE No. 3 OF 1961 |
| Decision Date |
Aug 22, 1963 |
| Hearing Date |
|
| Decision |
The court ruled that an assessee can have different residential statuses for different previous years, even within the same assessment year. The court held that the interpretation of the term 'year' in Section 4A(a) of the Income Tax Act, 1922, refers to the previous year as defined by the Act. Additionally, the court clarified that Section 17(1) applies only when an assessee is non-resident in respect of all sources of income, meaning that if the assessee is resident for any source of income, the higher tax rate under Section 17(1) does not apply. Therefore, the court sided partly with the assessee in this case. |
| Summary |
This case revolves around the interpretation of residential status under the Income Tax Act, 1961 and the Income Tax Act, 1922. The primary focus is on whether an individual can be classified as both resident and non-resident in different contexts for the same assessment year. The court examined the definitions and implications of the terms 'previous year' and 'year' as outlined in the respective income tax laws. It was determined that different statuses could indeed apply depending on the income source and the corresponding previous year. This case is significant for tax law practitioners as it clarifies the application of residency tests in relation to taxation and has implications for future assessments. Legal professionals should note the importance of maintaining accurate records of residency status across income sources to ensure compliance with tax regulations. |
| Court |
Gujarat High Court
|
| Entities Involved |
Not available
|
| Judges |
J.M. SHELAT, C.J.,
BHAGWATI, J.
|
| Lawyers |
R.R. Raya for the Applicant,
J.M. Thakore for the Respondent
|
| Petitioners |
Girdharlal Ghelabhai
|
| Respondents |
Commissioner of Income Tax
|
| Citations |
1964 SLD 529,
(1964) 53 ITR 23,
(1964) 10 TAX 118
|
| Other Citations |
CIT v. Abubaker Abdul Rehman [1937] 5 ITR 233 (Bom.),
CIT v. V.E.K.R. Sonumiamurthy [1946]14 ITR 185 (Mad.),
Wallcee Bros. & Co. Ltd. v. CIT [1948] 16 ITR 240 (PC)
|
| Laws Involved |
Income Tax Act, 1961,
Income Tax Act, 1922
|
| Sections |
2(42),
4A,
4A(a),
17
|