Mr. Jayant Kumar Tiwari Vs. Present for the Department Mr. V. Palanivelrajan - Court Judgment

SooperKanoon Citationsooperkanoon.com/1114774
CourtAuthority for Advance Rulings
Decided OnApr-16-2004
Case NumberA.A.R. NO. 526 OF 2001
JudgeHon’ble Mr. Justice Syed Shah Mohammed Quadri (Chairman), Mr. K.D. Singh (Member) Mr. K.D. Gupta (Member)
AppellantMr. Jayant Kumar Tiwari
RespondentPresent for the Department Mr. V. Palanivelrajan
Excerpt:
justice syed shah mohammed quadri, j. in this case, the applicant filed application under section 245r(2) of the income-tax act, 1961 seeking advance ruling on the following question: “whether on the facts and circumstances of the case the amount received from cyprus us by the applicant who was earlier in the employment of arcus india for giving up claims if any is not to be regarded as income either under the head salaries or any other head of income?” 2. on march 12, 2004 this authority passed order asking the applicant to explain as to why the application should not be rejected in view of the amended provisions in clause (ii) of clause (a) of section 245n of the income-tax act. 3. following the ruling just now pronounced in the case of m/s. hindustan power plus ltd., chennai, in application no. aar/561/2002, this application is also rejected. pronounced by the authority in the presence of the parties on this 7th day of april, 2004.
Judgment:

Justice Syed Shah Mohammed Quadri, J.

In this case, the applicant filed application under section 245R(2) of the Income-tax Act, 1961 seeking advance ruling on the following question:

“Whether on the facts and circumstances of the case the amount received from Cyprus US by the applicant who was earlier in the employment of Arcus India for giving up claims if any is not to be regarded as income either under the head salaries or any other head of income?”

2. On March 12, 2004 this Authority passed order asking the applicant to explain as to why the application should not be rejected in view of the amended provisions in clause (ii) of clause (a) of section 245N of the Income-tax Act.

3. Following the ruling just now pronounced in the case of M/s. Hindustan Power Plus Ltd., Chennai, in Application No. AAR/561/2002, this application is also rejected.

Pronounced by the Authority in the presence of the parties on this 7th day of April, 2004.