SOMENATH DUTTAGUPTA,KOLKATA vs. ACIT, CIR-2(1), KOLKATA, KOLKATA
In the result, the appeal of the assessee stands allowed
ITA 627/KOL/2023[2019-20]Status: DisposedITAT Kolkata01 Mar 2024AY 2019-20
Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A. No.627/Kol/2023 Assessment Year: 2019-20 Somnath Duttagupta……..………….…................…...……………....Appellant A 168, Lake Gardens, Shivam Building Flat A2, Kolkata – 700045. [Pan: Afqpd5412G] Vs. Acit, Circle-2(1), Kolkata…...…..........................................…..…..... Respondent Appearances By: Shri Balaji V, Ar, Appeared On Behalf Of The Appellant. Shri Raja Sengupta, Addl. Cit-Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : February 22, 2024 Date Of Pronouncing The Order : March 01, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 28.04.2023 Of The Commissioner Of Income Tax (Appeals)- 22, Kolkata [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Is Aggrieved By The Action Of The Lower Authorities In Making/Confirming The Addition Of Salary Income Of Rs.47,26,133/- Received By The Assessee In India For The Services Rendered In Us. 3. The Brief Facts Of The Case Are That The Assessee, An Individual, Filed His Revised Return Of Income For The Assessment Year Under Consideration I.E. A.Y 2019-20 Declaring A Total Income Of Rs.191370/-.
Section 250Section 90(4)
checking the non- resident status of the assessee. If any of the conditions as mentioned in clause (a) or clause (c) to section 16(1) is attracted then the assessee would be treated as a resident of India. The ld. Counsel for the assessee has not made any submissions relating