2023 (5) TMI 1064 - AT - Income Tax

Assessment of income - residential status - assessment by treating the assessee as ‘Resident’ as against the return of income filed in the status of ‘Non-Resident" - plea of the assessee that the assessee is a non-resident for the past 10 years and has been filing its return of income in the status as ‘non-resident‟ -as per the assessee, he was in India, during the year under consideration, only for 65 days - HELD THAT:- From the perusal of the impugned order, it is evident that the learned CIT(A) neither sought any remand report from the AO nor considered any of the aforesaid documents while dismissing the assessee’s appeal in respect of the computation of long-term capital gains.

There is no examination of the correct residential status of the assessee by any of the lower authorities. Therefore, in view of the above and in the interest of justice, we deem it appropriate to restore both issues to the file of the AO for de novo adjudication after considering the details filed by the assessee pertaining to his residential status as well as the documents/information furnished before the learned CIT(A) as additional evidence. Grounds raised by the assessee are allowed for statistical purposes.