Live Course on Drafting of Appeal and Reply of Penalty Notice by CA Sachin Sinha. Register Now!!

Residential status

Jai Sethia (Student CA Final ) (25 Points)

15 January 2014

Hello friends,

I would appreciate if anyone can tell me as to what control and management of affairs means in context of HUF, Firm and company in practical terms. Like if one partner is in India and one in London and they talk on Skype to take decisions. Is that a ROR or RNOR.

Regards

Reply
Follow
Share

4 Replies

shubham (student) (238 Points)
Replied 15 January 2014

control and management means decisions taken by following persons company -board of directors huf -karta firm -all partners or if firm is managed by a single partner by mutual consent. now if for any one day a karta or any one of the partners resides in india .they will be resident of india. in case of company if bod of a foreign company takes all decisions from india then it will be resident. moreover the conditions for ror and rnor is same as of individual but is applicable only for huf and not for company and firm.

1 Like

shubham (student) (238 Points)
Replied 15 January 2014

since in your question one partner is in india and taking decision firm will be treated as resident.

sarath (CA) (82 Points)
Replied 15 January 2014

Refer section 6 Of Income Tax Act analysis on the page :Link:https://www.exploreincometax.com/Indian-Income-tax-Act-1961/Section-6 given in Clear & Simple words,, This will clear all Your Words.

Refer "Section Analaysis" of the the page.