Save Rs 499. Go Ad-Free with CAclubindia Pro for 2 Full Years. Subscribe Now!

Calculate Residential Status for the FY 2008-09

Others 1239 views 1 replies

dev

Consultant

24 Points Posted on 19 January 2009

Hi,

Please help me out in understanding the residential status for Income Tax. I have mentioned the details of my stay in India for the past 2 years.

First travel outside India - Year 2006-07 : No. of days outside India is 175 days - The residential status determined for this year is "Resident Indian". Returned to India in the same FY.

Second travel outside india - Year 2007-08: Left India after 187 days. I haven't returned after that period in that FY. I think the residential status for this year is determined as "Resident Indian"

Year 2008-09: Stayed in India for Personal Vacation in September for 9 days & then went outside India. Also, I am going to return to india in February 6th 2009. I will be in India for the rest of the FY 2008-2009. Approx 53 days in India from Feb 6th 2009 to end of March 2009 + 9 days in September 2008.

Can you help me out how residential status will be determined for the FY 2008-2009?

thanks!

Replies (1)

Gagandeep

Article

28 Points Posted on 07 March 2009

Your stay in the FY 08-09 is for a period of 62days. Since your a person of Indian origin and visiting India for a small period of time, section 6(1)b will not be applicable.(should be in India for 60 days or more in the previous year and for a period of 365 days or more for 4 years preceding the previous year.) Only section 6(1)a will be applicable in this case.(should be in India for a period of 182 days or more in the previous year.)

Therefore, you are an NRI.