Income Tax Return

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Sudheer J. Sarvate (Querist)
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29 July 2008 Sir,

While filing a salary return. if a person earned salary upto sept. 07 in india & after that if he leaves India for job. then while filing ITR form what status should be write ( as resident or Non residendt ) for the salary earned by him in india & interest income earned by him in India

Please guide.

Advocate Vivek Kumar Sancheti

Advocate Vivek Kumar Sancheti (Expert)
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30 July 2008 In order to be called a resident the individual should be in India for atleast 182 days during the previous year or 60 days during the previous year and 365 days during four years immediately precedeing the previous year;but if the individual goes outside India for employment purpose then under the second condition the period of 60 days will be substituted by 182 days.If we assume that the individual went outside India on 1st october then it can be ascertained with certainity that he was in India from April to Sept. i.e;183 days.Therefore the person will be resident.

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