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
…it was noted that the assessee was a non resident, appeal A.Y. 06-07& 07-08 Manish Vijay Mehta & Urvi Manish Mehta. was disposed off as global income of a non-resident cannot be taxed in India. The decision of Mumbai Tribunal in Renu T Tharani v DCIT [2020] 184 ITD 565 (Mumbai - Trib.) is not applicable in the facts 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 (B…