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Residential Status

Direct Taxation

In case of 1. Crew member of Indian ship leaving India 2.Leaving India for the purpose of Employment 3.Indian Citizen, person of Indian origin visits India In the above conditions we will be considering period of stay as 182 days in the previous year and 365 days in 4 immediately preceding previous years. 4.Indian Citizen, person of Indian origin visits India has income arising in India excluding foreign Income greater than 15 lakhs then consider 120 days in the previous year & 365 days in 4 immediately preceding previous years. 5.Indian Citizen, person of Indian origin visits India total income excluding foreign income is greater than 15 lakhs and not liable to tax in any other country he would be deemed to be resident in India. That Resident but not ordinary resident. 6.Indian Citizen, person of Indian origin visits India total income excluding foreign income is greater than 15 lakhs, period of stay is greater than 120 days but less than 182 days in the previous year and 365 days in 4 immediately preceding previous years- he would be a resident but not ordinary resident. Am I right Sir/Madam? If I am wrong would you please correct me.


Swetha S

Swetha S

CA Inter

15K+

15-Aug-22 13:40

527

Answers (6)

Or in the conditions 1 to 3 only 182 days in the previous year to be considered . From 4 to 6 - 365 days in 4 PPY is considered. Actually while solving the additional illustration I got confused. Kindly help in solving this


Thread Starter

Swetha S

Swetha S

CA Inter

15K+

15-Aug-22 13:53

Thread Starter

Swetha S

Or in the conditions 1 to 3 only 182 days in the previous year to be considered . From 4 to 6 - 365 days in 4 PPY is considered. Actually while solving the additional illustration I got confused. Kindly help in solving this

I made my doubt shortâ?¦Is what mentioned in the image correct. In what circumstances do we consider 120 days and 365 days out of 4 immediately PPY.

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80E78CC7-E7C8-463E-9FF9-0EAFA01CC85F.jpg

Thread Starter

Swetha S

Swetha S

CA Inter

15K+

15-Aug-22 14:18

In case of of 1,2,3 - if the person is non-resident as per the conditions mentioned then you need to check as per 6(1A) - If INdian citizen, income excluding foreign sources > 15 lacs, Not liable to tax in any other country. Then deemed to be resident in India.


CA Suraj Lakhotia

CA Suraj Lakhotia

Admin

19-Aug-22 09:32

The checking of 120 days to 182 days is for the purpose of determining whether the person is ordinarily resident or not.


CA Suraj Lakhotia

CA Suraj Lakhotia

Admin

19-Aug-22 09:32

There is a summary chart for this in notes as well.


CA Suraj Lakhotia

CA Suraj Lakhotia

Admin

19-Aug-22 09:33

CA Suraj Lakhotia Admin

There is a summary chart for this in notes as well.

okay sir, will check it


Thread Starter

Swetha S

Swetha S

CA Inter

15K+

20-Aug-22 19:21

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