MOOSA S. MADHA & AZAM S. MADHA vs COMMISSIONER OF INCOME-TAX, WEST BENGAL,CALCUTTA

The Supreme Court upheld the findings of the Income-tax Officer and the High Court that the assessee was 'resident but not ordinarily resident' under Section 4A(a)(iii) of the Income-tax Act, 1922. The Court established that the burden of proof regarding the nature of the assessee's visit to India in 1947 was on the assessee, who failed to demonstrate that it was casual or occasional. Additionally, the Court affirmed that the Rs. 2 lakhs remitted to India constituted accrued profits, as the assessee did not provide sufficient evidence to prove otherwise.