USHA ESWAR Vs. RAJESHWARI MENON

JUDGEMENT

(1.) Petition was filed by the husband of the present Petitioner. Original Petitioner expired on 3/12/2015. Pursuant to leave granted by the Court, Petition was amended. Reference herein to Petitioner refers to the original Petitioner.

(2.) Petitioner is challenging the legality and validity of notices issued under Sec. 148 of the Income Tax Act, 1961 (the 'Act') issued by Respondent No.1 for Assessment Years 1997-98, 1998-99, 1999-200 and 2000-2001. It is Petitioner's case that these notices had been issued without satisfying the jurisdiction condition necessary to make a re-assessment.

(3.) Petitioner was a non-resident Indian and was regularly assessed to tax in India in respect of income that accrued or arose to him in India or arisen in India or received by him in India. Petitioner was a resident of Dubai for several years and was carrying on business as a sole proprietor of two concerns. He had invested in shares and debentures issued by Indian Companies as well as units issued by mutual funds registered in India. Petitioner was a resident of United Arab Emirates (UAE) within the meaning of the said expression in the Double Taxation Avoidance Agreement entered into between India and UAE (DTAA).