Income Tax & Consitution of India.

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Pratik Nitin Vyas (Querist)
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11 December 2009 As per income tax point of view 182 stays in india a person is known as a indian resident and accordingly income are taxed
but as per the artilce 5(c)of the consitution of india (c) Who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement, Shall be a citizen of India.
It means the person should be known as a ordinarily resident if he stays in india for 5 years minimum please advice that i am right or wrong.

CMA Ramesh Krishnan

CMA Ramesh Krishnan (Expert)
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11 December 2009 Please donot cofuess your self both

Citizen ship Under Constitution totally different from Resident ship calculation Under Income tax

Rahul Vora

Rahul Vora (Expert)
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12 December 2009 I agree with Mr. Ramesh. Citizenship under the Constitution is completely different from resident ship under the Income Tax Act. A person can be a non-resident in India as per Income Tax Act but at the same time can be a citizen of India

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