29 March 2020
A taxpayer would qualify as a resident of India if he satisfies one of the following 2 conditions :
1. Stay in India for a year is 182 days or more or
2. Stay in India for the immediately 4 preceding years is 365 days or more and 60 days or more in the relevant financial year
In the event an individual leaves India for employment during an FY, he will qualify as a resident of India only if he stays in India for 182 days or more. This otherwise means, condition (b) above of 60 days would not apply to him.
Since OCI was in India for 183 days, OCI is resident Indian. Now you will have to check whether OCI is an ordinary resident (ROR) or Resident but Not Ordinary resident (RONR) based on following conditions.
1) Has been a resident of India in at least 2 out of 10 years immediately previous years and
2) Has stayed in India for at least 730 days in 7 immediately preceding years.
If he both the conditions are fulffiled, then OCI is ROR, otherwise the OCI is RNOR.
29 March 2020
ASSESSE HAVE FILED RETURN FROM A.Y. 2013-14 AND ALL ARE MENTIONED AS NON RESIDENT STATUS. THEREFOR FOR MY CURRENT YEAR RESIDENTIAL STATUS WILL BE RNOR, CORRECT?
29 March 2020
Additional data i have is, As per his oci passport data his stay in india for last two preceeding financial year is F.y. 17-18: 186 days (but status as per ITR - NRI) and f.y. 2016-17 113 days, his total stay in India for preceeding 4 financial year is 591 days.
CAclubindia
