NAVEEN VIRENDRAKUMAR GUPTA,THANE vs. ITO (IT) 2(3)(1), MUMBAI

ITA 2476/MUM/2017Status: DisposedITAT Mumbai22 April 2022AY 2012-138 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal noted that the CIT(A) had changed the assessee's residential status from non-resident to resident but not ordinarily resident. Both parties agreed to remit the issue back to the CIT(A) for a fresh examination.

What were the facts?

The assessee, a non-resident, was allotted ESOPs by an Indian company while working in India. He later worked in Indonesia for a subsidiary of the same Indian company. The Assessing Officer taxed the ESOPs as perquisites, considering them as arrears of salary for services rendered in India.

What were the issues?

The primary issue was whether ESOPs received by a non-resident were taxable in India as perquisites for services rendered in India, and the assessee's residential status.

Which sections of the Income-tax Act were involved?

Section 6,Section 9,Section 15,Section 17

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “I” Bench, Mumbai

For Appellant: Shri K. Gopal & Ms
For Respondent: Shri Milind S. Chavan
Hearing: 17.02.2022Pronounced: 22.04.2022

Per Shamim Yahya (AM) :-

This appeal by the assessee is directed against the order of learned CIT(A) dated 30.1.2017 pertains to A.Y. 2012-13

2.

The grounds of appeal read as under :-

“I LEGAL

1.

The Ld. Commissioner of Income-tax (Appeals) [hereinafter referred to as "CIT(A)"] erred in treating the appellant as resident in India for the impugned assessment year on basis of interpretation of both cumulative conditions specified u/s. 6(l)(c) of the Act as optional

2.

The Ld. CIT(A) erred in taxing the ESOPS received as Perquisite within meaning of Section 15 to 17 of the Act treating the appellant as resident without appreciating the factual position. II MERRITS

3.

Without prejudice to Ground

The order continues below.

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