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Question

In which of the following cases, income of previous year is assessable in the previous year itself ?

This question was previously asked in
UGC NET 2014 Paper 1 Question Paper (28-Dec-2014)
The correct answer is

A person leaving India permanently.

The general rule under the Income-tax Act is that income of a previous year is assessed in the following assessment year. Sections 172 to 176 provide exceptions where, to protect revenue, income is assessed in the previous year itself.

These exceptions are: shipping business of non-residents (s.172), persons leaving India permanently or for a long period (s.174), AOP/BOI or artificial juridical persons formed for a particular event or purpose (s.174A), persons likely to transfer property to avoid tax (s.175), and discontinued business (s.176).

A person leaving India with no intention of returning may not be available for assessment later, so his income up to the date of departure is assessed in that year itself.

A salaried employee, a person carrying on an illegal business and a person running a charitable activity are all assessed under the normal rule; illegal income is taxable, but not by way of early assessment.

Hence, A person leaving India permanently.

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