JAWAHARLAL GULABRAI TULSIANI,DELHI vs. ACIT, INT. TAX CIRCLE 4(2)(1), MUMBAI

ITA 538/MUM/2025Status: DisposedITAT Mumbai29 July 2025AY 2007-08Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI VIKRAM SINGH YADAV (Accountant Member)47 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that merely having an Indian address or property is insufficient to establish a business connection for taxing foreign income. There was no evidence of business activities in India that contributed to earning the foreign income.

What were the facts?

The assessees, who were British Nationals and non-residents for Indian tax purposes, had deposits in a foreign bank account. The Assessing Officer reopened their assessments and made additions based on these foreign bank deposits, considering them as income escaping assessment.

What were the issues?

Whether foreign bank deposits of non-residents can be taxed in India solely based on an Indian address, and if the reopening of assessment was valid and within limitation.

Which sections of the Income-tax Act were involved?

Section 147,Section 149(1)(c),Section 234A,Section 234B

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Cases cited in this judgment(7)Show list

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IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI “I” BENCH : MUMBAI

BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI VIKRAM SINGH YADAV, ACCOUNTANT MEMBER ITA No. A.Y. Appellant Respondent Pratab Gulabrai Tulsiani, 448/Mum/2025 2006-07 C/o. Ashok Khandelwal Associates, Chartered Accountants, 912-B, 449/Mum/2025 2007-08 Indraprakash, 21, Barakhamba Road, New Delhi-110001 [PAN: AURPT4816C] Naraindas Gulabrai 464/Mum/2025 2006-07 Tulsiani, C/o. Ashok Khandelwal Associates, Chartered Accountants, 912-B, ACIT, Int. Tax. Indraprakash, 21, Circle-4(2)(1), 463/Mum/2025 2007-08 Barakhamba Road, Room No. 1708, New Delhi-110001 17th Floor, [PAN: ANQPT0488C] Air India Building, Nariman Point, Sham Gulabrai Tulsyani, Mumbai 482/Mum/2025 2006-07 C/o. Ashok Khandelwal Associates, Chartered Accountants, 912-B, Indraprakash, 21, 483/Mum/2025 2007-08 Barakhamba Road, New Delhi-110001 [PAN: ARYPT4091R] Jawaharlal Gulabrai 537/Mum/2025 2006-07 Tulsiani, C/o. Ashok Khandelwal Associates, Chartered Accountants, 912-B, 538/Mum/2025 2007-08 Indraprakash, 21, Barakhamba Road, New Delhi-110001 [PAN: AFKPT5682G]

2 Pratab Gulabrai Tulsiani and group

Assessee by : Shri Ashok Khandelwal & Akash Khandelwal, Reven

The order continues below.

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