RAHUL BIRLA,BANGALURU vs. A.C.I.T., KOLKATA-2(1), KOLKATA, KOLKATA
What did the Tribunal hold?
The Tribunal accepted the assessee's application for additional evidence, admitting the tax residency certificate. The Assessing Officer's order was set aside, and the matter was restored for fresh adjudication.
What were the facts?
The assessee claimed exemption for salary received in India for services rendered in the UK under the India-UK DTAA. The exemption was rejected by the Assessing Officer for lack of tax residency certificate and other supporting documents.
What were the issues?
Whether the assessee is eligible for exemption under the DTAA and if additional evidence can be admitted for proper adjudication.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “C” BENCH KOLKATA
Before: Shri Sanjay Garg & Dr. Manish Borad
order : December 12, 2023 आदेश / ORDER संजय गग�, �या�यक सद�य �वारा / Per Sanjay Garg, Judicial Member: The present appeal has been preferred by the assessee against the assessment order dated 01.08.2022 passed by the Assessing Officer u/s 144 r.w.s 144C(13) of the Income Tax Act (hereinafter referred to as the ‘Act’) pursuant to the directions of the Dispute Resolution Panel, whereby, the exemption claimed by the assessee of Rs.58,99,962/- under Article 16(1) of the India-United Kingdom(UK) Double Taxation Avoidance Agreement (DTAA) r.w.s 90 of the Income Tax Act in respect of salary received in India by the assessee for the services rendered in UK, has been rejected.
More judgments on Section 90
- Amar Rameshkumar Bhalodia, Rajkot vs The ACIT, Circle-1(1), RajkotITA 641/RJT/2026[2022-23]Status: Disposed15 Oct 2026AY 2022-23
- Fireeye Ireland Limited, Ireland vs Assistant Commissioner of Income Tax…ITITA 1431/DEL/2025[2022-2023]Status: Disposed30 Sept 2026AY 2022-2023
- Archana Gupta, New Delhi vs Assistant Commissioner of Income Tax…ITA 3123/DEL/2026[2022-23]Status: Disposed29 Sept 2026AY 2022-23
- Shishir Dhatwalia, Hamirpur vs Circle 1(1) Jalpaiguri, JalpaiguriITA 2583/KOL/2025[2021-22]Status: Disposed28 Sept 2026AY 2021-22
- Raghava Gupta Valiveti, Bangalore vs Income Tax Officer Ward 5(3)(4), BangaloreITA 2744/BANG/2025[2019-20]Status: Disposed28 Sept 2026AY 2019-20
Recent GST High Court judgments
Search GST case law →- Capri Global Capital LTD Through Represented By Its Law Officer Mr. Varun Kaljoria vs. The State Of Madhya Pradesh Through Principal SecretaryMadhya Pradesh · 26 Oct 2026
- Sri Tatiparthy Venkata Swamy vs. The State Of Andhra PradeshAndhra Pradesh · 25 Oct 2026
- Piyush Shantilal Veera vs. State Of U.P.Allahabad · 23 Oct 2026
- Tvl. Pooja Shri Traders vs. The Deputy State Tax Officer - 1Madras · 23 Oct 2026
- Aashutosh vs. The State Of Madhy PradeshMadhya Pradesh · 23 Oct 2026