Assessee had a permanent home in India as well as in USA.  Assessee claimed that his centre of vital interest lay in USA as his family was US national holding US passport, he was overseas citizen of India, had larger investments in US and one daughter out of three children was studying in USA. Assessing Officer held  that assessee had stayed in India for more than 183 days and he was staying with his wife and children who had shown their place of residence as India. He treated assessee as resident of India for tax purposes and his US income was also taxed in India under section 5. CIT(A) up held the order of the AO. On appeal the Tribunal held that  the  assessee had a home in India. Assessee had come back to India for carrying on business in a private limited company which was set up by him and his wife. Assessee had an active involvement in running of this company in India. In India he had operative bank accounts and he had also investment in mutual funds. From USA, assessee was deriving rental income where his house property was rented out, he had investments in bank accounts as well as alternative investments. He did not have any active involvement in USA for earning wages, remuneration, profit Personal relationship and economic relationship of assessee and tilt more in favour of being close to India than US and thus, assessee is held as a resident of India in terms of article 4(2)(a) of Indo-(USA). Consequently, all his income derived in USA, is  chargeable to tax in India by virtue of provisions of section 5. (AY. 2013-14)