Residential status and Return to file


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This discussion clarifies the residential status and correct Income Tax Return (ITR) form for an individual who travelled abroad for employment. It confirms that for the financial year 2024-25, the individual likely qualifies as a resident due to exceeding 182 days abroad, even with a short initial stay in India. The consensus is to file as a resident, disclosing only Indian income if the foreign salary is intended to be exempt, rather than filing as a non-resident and omitting foreign income.

11 September 2025 Mr X Software engineer gone to Pune first time to abroad USA on 11 Aug 2024 and come back on 1 September 2025. He was more then 182 during Fy 2024 25.
In India he has only salary income of 3.Lakh.
Which return to file for financial year 2024 25 ITR 1 or ITR 2? .
What will be his residential status . Resident Or Non resident.

I have prepared ITR 2 with non resident. Whether it is correct ? Return not submitted.
Please guide at an earliest

11 September 2025 To decide his residential status. there are two conditions...
First gets satisfied but what about second one...
I doubt he would be resident as per second condition if not satisfied..

11 September 2025 Sir as per ChatGpt. (For second condition)
Since Mr X is gone for employment , the condition of 60 days extended to 182 days.

Sir this is correct ? . Please guide

11 September 2025 Yes, that is correct..

11 September 2025 Sir , one more query . I am having two option
1) is select resident and explanation popup" in India for more then 60.days in Pre.Yr and 365 days in last four year". It means it is ROI . 2) Non resident .
So in first option is it required to disclose salary received at abroad and claim exempt 2) In non resident not required to disclose.

Mr X does not want to disclose salary received abroad . Only salary received in India wish to show in ITR .
So what will be correct status . Resident with explanation or Non resident. Salary abroad will not disclose in both case. Sorry for trouble

12 September 2025 First option is correct as 'he has gone for employment' after stay of 60 days in India.

19 September 2025 Good Luck...


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