The Dy CIT (It)-Circle-3(3)(2), Mumbai vs. Manish Vijay Mehta, Mumbai
In the result, appeals of the learned Assessing Officer and CO of the assessee for both the years are dismissed
ITA 494/MUM/2021[2006-07]Status: DisposedITAT Mumbai31 Oct 2022AY 2006-07
Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm
For Appellant: Shri Ajay Singh, ARFor Respondent: Shri Soumendu Kumar Dash, DR
Section 148
…ts of the present case. On the aspect of reopening, reopening was upheld as Assessee had filed ROI in India as a resident. It was not a case of nonresident. Also the above decision do not rely upon Bombay High decision in Pr.CIT-15 v Binod Kumar Singh (2019) 178 DTR 49 / 264 Taxman 335/ 310 CTR 243 (Bom.)(HC) which specifically deal with taxability in the hands of Non residents. Similarly decision in Rahul R Parikh AYS 2003-04 to 2008-09 & anr. Dated: 01/06/2018 (Mumbai ITAT) is not applicable in the facts of the present case. Assessee did not challenge the reopening before ITAT. There was a finding of fact th…