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ShriBaba shankar rajesh, the assessee, had an NRE account in Canara Bank in India. Although, he was non-resident earlier, he became a 'Resident and Ordinarily Resident' in the relevant previous year 2014-15. On the interest income earned from NRE FD account of Rs.1.10 crore, he claimed exemption u/s 10 (4)(ii) in the return of income. The AO rejected the assessee's claim for exemption and brought it to tax. Aggrieved, the assessee filed an appeal before the CIT(A) and the ld.CIT(A) dismissed the appeal. Aggrieved against that order, the assessee filed this appeal.

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Section 10(4) read with section 6 of the Income Tax Act, 1961 — Non-resident — Assessee would not be entitled to Exemption under section 10(4) as assessee who was a non resident earlier, stayed in India for relevant financial year for 283 days for taking up employment, he would become resident in India as per FEMA— Baba Shankar Rajesh vs. Assistant Commissioner of income tax [2020] 180 ITD 160(Chennai-trib)

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