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Nri status

Tax planning 161 views 3 replies

ANKIT SHAH

66 Points Joined June 2014

Sir,

One of my client was in India for 62 days in F.Y. 2017-18 and was in India for 460 days in India precedding 4 years to F.Y. 2016-17. He went for BUSINESS purpose.

My question is whether he is NRI or not? As he was not in India for 182 days in F.Y. 2017-18 and he went abroad for BUSINESS PURPOSE.

Replies (3)

CA K.Srividhya

Chartered Accountant

279 Points Joined April 2018

Sir,
Even the assesse was not in India for 182 days, he will be resident if he satisfies these conditions:
If the assessee is in India for 60 days in the PY and 365 days in 4 years immediately proceeding the PY.
It seems from the details your client is a Resident for the FY 2017-18.

Regards.

CA PRADEEP C B

Prop: Pradeep C & Company Chartered Acc

166 Points Joined April 2013

Based on the given information, he satisfied one of the basic condition as specified in section 6.
hence he is a resident in india for the FY 2017-18.

ANKIT SHAH

66 Points Joined June 2014

Sir,

My doubt is as he went for BUSINESS, only 182 day's condition will apply or we have to go for the 2nd condition of 60 days and 365 days in priceeding 4 years?

One of my collegue says that person may go for employment or BUSINESS only 182 days condition shall apply and not 60 days and 365 days in priceeding 4 years.

Please clarify.