Residential status

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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.
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Rupesh Jain

Rupesh Jain (Expert)
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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

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