Residential status for overseas students visiting home - sec 6 of residence cheking

Dears 

My sister son  went to spain for studies  in Sept 2022 , he was a  resident for IT purpose in AY 2023 24 . 

He visited India in FY 2023 24  for 10 days , but was in need of a medical surgery  and he has to stay for 65 days , to recover from the medical issues . Then he went back to spain , He is a resident in AY 2024 25 due to the 60 day rule  . But he was compelled to stay due to medical grounds and hence was in india for more than 60 days . Can he claim the exemption in residential status  and treated as a non resident , under the   rule of extention of stay upto 120 days , for visiting indians . 

Kindly advice 

Raju

 

 

Replies (1)

The student cannot claim an exemption or exclusion for the days spent recovering from medical surgery. Because his total stay in India during FY 2023-24 reached 75 days (exceeding the 60-day limit), he will qualify as a Resident for AY 2024-25 under Section 6.

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