Residential status

Mr. Raman an Indian citizen left india on 22.9.2019 for the first time to work as an officer of a company in Germany. Determine the residential status of ram for the assessment year 2020-21 and explain the conditions to be fulfilled for the same under the income tax act 1961
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Quick Summary
This discussion determines Mr. Raman's residential status for the Assessment Year 2020-21. As an Indian citizen who left for employment in Germany on 22nd September 2019, he spent 175 days in India during the relevant financial year. This means he did not meet the basic condition of being in India for 182 days or more, classifying him as a Non-Resident. The explanation also touches upon the conditions for being a Resident but Not Ordinarily Resident (RNOR).

Must be present 182 or more during the FY.
he did not qualify the basic condition. he is non resident.
1-4-2019 to 22-09-2019 = 175 days.

 

Mr. Raman is Non-Resident as he left India for the purpose of Employment outside India and he did not reside in India for 182 days in AY 2020-21.

As per Income Tax Act, 1961 if any person leaves India for the purpose of employment then he needs to satisfy only one condition to be declared as resident i.e. he needs to live in India for at least 182 days in the relevant previous year.

Mr. Raman did not reside atleast 182 days in previous year as he left India for employment therefore he is not considered as resident in AY 2020-21
However If he is
resident of India previous 9 years out of 10 previous years or reside in India 765 days in 7 previous years then he will be considered as Resident but not ordinary resident i.e (RNOR) AY 2020-21.

Thank you.

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