MRS SHIREEN J. DASTUR ,MUMBAI vs. ITO INT TAXATION WARD 2(1)(1), MUMBAI
In the result, appeal of the assessee is allowed
ITA 2204/MUM/2022[2018-19]Status: DisposedITAT Mumbai04 Nov 2025AY 2018-19
Bench: Shri Saktijit Dey, Hon'Ble & Shri Girish Agrawalassessment Year: 2018-19 Shireen J. Dastur Income Tax Officer, 330, Coral Avenue, (International Taxation), New Port Beach, Ward 2(1)(1), California Vs. Mumbai 92662 Usa (Pan : Ctlpd0257N) (Appellant) (Respondent) Present For: Assessee : Shri P.J. Pardiwala, Sr. Advocate & Ms. Gunjan Kakkad, Advocate Revenue : Shri Krishna Kumar, Sr. Dr Date Of Hearing : 11.08.2025 Date Of Pronouncement : 04.11.2025 O R D E R
For Appellant: Shri P.J. Pardiwala, Sr. Advocate and Ms. Gunjan Kakkad, AdvocateFor Respondent: Shri Krishna Kumar, Sr. DR
Section 144C(5)Section 234B
completing the impugned assessment.
4.5. Ld. Assessing Officer had alternatively considered the said receipts as income from other sources within the meaning of section 56(1) in the draft order passed by him u/s.144C. He noted in para-8 of the draft order that in case, the impugned transfer ... treated as capital gains, it would automatically get covered under the head
“income from other sources”. He referred to section 56(1) of the Act whereby income of every kind which is not to be excluded from the total income under the Act shall be chargeable to income tax under