Law:

Section:

Migrant assessee from ceylon-Assesses, an indian citizen, was in ceylon for varying periods between 1960 and 1965 after which he returned to india for good-In ceylon he had income from partnership firm and had other substantial business interests-While in ceylon, he was assessed in india as a resident and ordinarily resident-Whether assessee could be said to have migrated to india within the meaning of board's circular no. 222/7/70-it(A-II), dated 5-8-1971-Held, yes-Whether said circular applicable to assessee's case-Held, yes Facts The assessee was in Ceylon for varying periods between 1960 and 1965. In Ceylon, he was receiving income as a partner in a firm and had other substantial business interests. Thereafter, he left Ceylon for good and came over to India. For the assessment year 1972-73, in his capital account, there was a credit of Rs. 55,000 on 27-10-1971. When asked to explain the source of the impugned credit, the assessee claimed that the impugned credit was not includible in its income in view of the Board's Circular No. 222/7/70-IT(A-II), dated 5-8-1971, which was applicable to persons who had migrated to India from Ceylon after 1-11-1964 and according to which any claim by the assessee that funds had been brought from Ceylon was to be accepted if the assessee produced adequate evidence to reasonably satisfy the ITO that he had sufficient resources in that country to cover the remittance. The ITO was of the view that the circular would not be applicable to the assessee as he was not a citizen of Ceylon and further that the assessee could not be considered to have migrated from Ceylon to India as he was an Indian citizen and was being assessed in India as a resident and ordinarily resident. This view was confirmed by the AAC but the Tribunal held that the Board's circular did not rule out Indian citizens, as it merely contemplated assessment in India as resident and hence the assessee should be considered as having migrated from Ceylon to India after the stipulated date. It, accordingly, directed the ITO to re-examine the case as to whether the other requirements of the circular were satisfied and then to decide the assessee's plea. On reference:…

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