COMMISSIONER OF INCOME TAX Vs. KARAN BIHARI THAPAR

JUDGEMENT

(1.) The present appeals have been filed under Section 260A of the Income Tax Act,1961 (hereinafter referred to as "Act") challenging the common order dated 30th June, 2009 passed by the Income Tax Appellate Tribunal (in short "Tribunal") in ITAs No. 2106 and 2107/Del/2008 for the Assessment Years 1998-1999 and 1999-2000.

(2.) The brief facts of the two cases are that the Assessing Officer (in short, "AO") during the course of assessment proceedings noticed that the respondent-assessee had not offered his income from abroad for the purposes of taxation for the assessment years 1998-1999 and 1999- 2000. The AO further noticed that respondent-assessee had claimed the residential status as "Resident but not ordinarily resident". The AO did not accept the explanation offered by the respondent-assessee in reply to notice under Section 148 of the Act, and held respondent-assessee's residential status as "Resident and ordinarily resident". Consequently, AO made additions by bringing his global income under the net of taxation.

(3.) Respondent-assessee preferred an appeal before the Commissioner of Income Tax (Appeals) [in short, "CIT(A)"] wherein the CIT(A) deleted the additions by holding the residential status of respondent-assessee as "Resident and not ordinarily resident".