Residential status

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sachin (Querist)

01 April 2008 one of a person stay out of india in f.y. 07-08 -206 days, f.y.06-07 181day, f.y.05-06 -53days, f.y.04-05- 48 days, f.y.03-04 - 365 days. what is his residential status? and already paid tax on his income in US. so now he is required to file return for the f.y. 07-08 in India. There is no accured or arised income in india.

Amit Sharma

Amit Sharma (Expert)

01 April 2008 SEC 6(1):- THESE ARE THE CONDITION TO JUDGE IF A PERSON IS A RESIDENT OR NRI.

(ANY ONE FOR THE FOLLOWING CONDITIONS HAVE TO BE FULFILLED)

(a) The person should have stayed for 182 days or more preceeding the year he was in India.
.( Stay in India also includes " WATERS OF INDIA ".)

(b) The person should have stayed for 365 days or more in a bracket of 4 years preceeding the year he was in India.

(OR)

SEC 6(6) :- THESE ARE CONDITIONS TO JUDGE WHETHER A PERSON IS A RESIDENT & ORDINARILY RESIDENT OR A RESIDENT.

BOTH THE CONDITIONS HAVE TO BE SATISFIED:-

(a) The person should have stayed in India for 2 out 10 years preceeding the year he was in India.

(AND)

(b) The person should have stayed in India for more than 730 days during the last 10 years preceeding the year he was in India.

NRi;- none of the conditions are fulfilled

Amit Sharma

Amit Sharma (Expert)

01 April 2008 Hope ur doubt is clear now.

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