BEST OASIS LIMITED,MUMBAI vs. THE DY. CIT, CENTRAL CIRCLE-1(1), AHMEDABAD

ITA 802/AHD/2025Status: DisposedITAT Ahmedabad23 April 2026AY 2020-219 pages
AI SummaryAllowed

What were the facts?

The assessee, Best Oasis Limited, incorporated outside India, had its premises searched. The Assessing Officer (AO) proposed that the Place of Effective Management (POEM) was in India, making its global income taxable. A collegium of Commissioners upheld this, and the CIT(A) confirmed the AO's order.

What did the Tribunal hold?

The Tribunal held that the CIT(A) erred in confirming the AO's order solely because a collegium of Commissioners had made the finding, despite acknowledging the lack of merit in the basis for that finding. The Tribunal found no basis to hold that the POEM was in India.

What were the issues?

Whether the Place of Effective Management (POEM) of the assessee was in India, and consequently, if its global income was taxable in India. Whether the CIT(A) correctly upheld the AO's order despite finding the basis for the POEM determination to be flawed.

Which sections of the Income-tax Act were involved?

Section 6(3),Section 127,Section 143(2),Section 144,Section 153A,Section 250,Section 271AAB

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH, AHMEDABAD

Before: SHRI SANJAY GARG & MRS. ANNAPURNA GUPTA

For Appellant: Shri Tushar Hemani, Sr. Advocate, Shri Kushal Fofaria, AR
Hearing: 03.02.2026Pronounced: 23.04.2026

PER ANNAPURNA GUPTA, ACCOUNTANT MEMBER:

Present appeal has been filed by the assessee against the order of the Ld. Commissioner of Income-tax (Appeals)-11, Ahmedabad [hereinafter referred to as "CIT(A)" for short] dated 26.02.2025 passed under Section 250 of the Income-tax Act, 1961 [hereinafter referred to as "the Act" for short], for the Assessment Year (AY) 2020-21. 2. The grounds raised by the assessee are as follows:-

“1. The Ld. CIT(A) has erred in law and on facts of the ca

The order continues below.

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