Residential status

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

20 August 2015 Hi,

I have a query related to residential status for somebody who is working abroad for a job from foreign firm. Can you please let me know the residential status for each of the fiscal years :

FY 2013 - 2014 - Went abroad on 28th Sep '13 for Job

FY 2014 - 2015 - Came to India on vacation twice for a total of 52 days

FY 2015 - 2016 - Planning vacation to India thrice for a total of 70 days

Thanks a lot in advance.

Amol S Joglekar

Amol S Joglekar (Expert)
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20 August 2015 Assuming your "somebody" is citizen of India

The residential status is NON RESIDENT for all the years

Querist : Anonymous

Querist : Anonymous (Querist)

20 August 2015 Dear Mr. Amol,

Thanks for the reply. Yes the person is citizen of India. For FY 15-16, i wanted to know he would still be a Non Resident even though he satisfies the criteria as per Sec 6 (1) (c)?

1. he is resident for more than 60 days during FY 15-16 OR

2. he is resident for more than 365 days over the past 4 years

Is there a OR or AND between 1 & 2? Kindly please correct my doubt.

Thanks again.

Best Regards

Amol S Joglekar

Amol S Joglekar (Expert)
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20 August 2015 Due to Globalisation, Govt of India has made favourable changes in section 6, especially for those going abroad for SERVICE.

In 6 (1) (c), it is AND kind of condition

Please go through the EXPLANATION 1, point (b) which reads
being a citizen of India,who, being outside India, comes on a visit to India in any previous year, the provisions of sub-clause (c) shall apply in relation to that year as if for the words "sixty days", occurring therein, the words "one hundred and eighty-two days" had been substituted.

Querist : Anonymous

Querist : Anonymous (Querist)

20 August 2015 Thanks Dear Amol. Appreciated your quick response.

Best Regards,