Antariksh Softtech (P.) Ltd. v. ITO (2020) 183 ITD 577/192 DTR 145/206 TTJ 612 (Bang.)(Trib.)

S. 56 : Income from other sources-Non-resident-Additional evidence filed first time before Appellate Tribunal-Matter remanded. [S. 6, 56(2)(viib), 254(1)]

Tribunal held that in order to invoke provisions of section 56(2)(viib), it is essential that excess amount is received by company from a resident and this should be examined first. As there was no discussion in assessment order on aspect as to whether person from whom amount in question was received by assessee-company was a resident in India or not in relevant year and passport of person in question was filed as additional evidence for first time before Tribunal, matter was to be remanded to Assessing Officer. (AY. 2015-16)