RABIN ARUP MUKERJEA,MUMBAI vs. ITO, INT TAX WARD, 3(2)(1), MUMBAI

IN THE INCOME TAX APPELLATE TRIBUNAL, ‘I’ BENCH MUMBAI

BEFORE: SHRI AMIT SHUKLA, JUDICIAL MEMBER
&
PAN/GIR No.FDMPM7366B
(Appellant)
..
(Respondent)

Assessee by Shri Ashok Rao /Shri
Manoj Raghani
Revenue by Shri Krishna Kumar, Sr.
DR
Date of Hearing
31/12/2024
Date of Pronouncement
21/03/2025

आदेश / O R D E R

PER AMIT SHUKLA (J.M):

The aforesaid appeal has been filed by the assessee against order dated 21/10/2024 passed by ld. CIT (A)-57, Mumbai for the quantum of assessment passed u/s.147 r.w.s. 144C for the A.Y. 2016-17. 2. In the grounds of appeal the assessee has challenged the reopening of the assessment u/s.148; and on merits has challenged the addition of Rs.7,50,81,605/- on the ground that Rabin Arup Mukherjea

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donor and donee were not relatives and therefore, the receipt of the property gifted without consideration was chargeable to tax u/s.56(2)(vii)(b) of the Act.
3. The brief facts are that assessee is an individual and non- resident Indian, since assessee did not have any income or source from India, therefore, he was not filing any return of income in India. The assessee had made an application u/s.197
in the month of January 2021 for lower deduction of tax on account of sale of property (Flat No. 80, Marlow, 62B, Sir
Pochkhanawala road, Worli, Mumbai – 400 025). This property was received by the assessee as a gift from Ms. Vidhie Mukerjea on 21/01/2016 by way of registered gift deed with Joint