Supreme Court · 2000 INSC 384 · Decided 9 August 2000
K. Ramullan v. Commissioner of Income Tax, Cochin
- Court
- Supreme Court of India
- Citation
- 2000 INSC 384 · [2000] SUPP. 2 S.C.R. 283
- Case number
- CIVIL APPEAL No. 1659/1997
- Decided
- 9 August 2000
- Bench
- S.P. BHARUCHA, S.S.M. QUADRI, N. SANTOSH HEGDE (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Income Tax Act Section 10, 10(4A)
Headnote
Income Tax Act, 1961 : Section 10(4-A). Income Tax-Exemption from-Non- resident (External) Account-Inter­ est earned on-AYs I983-84 and 1984-85-Assessee, a foreign citizen, stayed in India for a short period during the AYs with his wife-Assessee claimed exemption under S. JO( 4-A) in re~pect Stay contemplated under S.2(p)(iii)(c) of the FERA has to be of some permanence and not a mere casual stay or stay for a short period-Hence, assessee is not a person resident in India-There.fore, he is entitled to exemption. Foreign Exchange Regulation Act, 1973 : Section 2(q)--Person resident
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