Residential status

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

21 June 2013 A person was a resident upto F.Y. 2012. He has gone abroad for employment in F.Y. 2012-13 and his stay in India for F.Y. 2012-13 is 170 days. What is his residential status.
Thanks

Rupesh Jain

Rupesh Jain (Expert)
Follow

21 June 2013 ordinary resident

he is resident in last year 60 days
and 365 days in last four year immediately preceding the previous year.

Querist : Anonymous

Querist : Anonymous (Querist)

22 June 2013 As per V.G. Mehta Ready Recknor example Mr A. who is an Indian Citizen leaves India on 25/09/2012 as a member of the crew of an Indian ship or for the purpose of employment outside India and comes to on visit on or after 1/4/2013. He was in India over 365 days during the preceeding four previous years 2008-2009 to 2011-12. For the purpose A.Y. 2013-14 Mr. A will be regarded as "non resident" despite the fact that he was in India for more than 365 days in preceeding 4 previous years an was in India for more than 60 days but less then 182 days (i.e. 178 days) during previous year 2012-13 (Section 6(1)(c) read with Explanation).
Kindly clear the confusion.
Thanks

Querist : Anonymous

Querist : Anonymous (Querist)

24 June 2013 Dear Shri Rupesh Jain
Residential Status
CA. Paras Bafna (expert) has a different view and he say that if the assessee is out of India for employment and is out for more than 182 days he will be treated a Non resident.
Kindly confirm

You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now