Residential Status of Mr. X in Income Tax Return

Umesh Kajrolkar (Manager - Corporate Taxation)   (43 Points)

08 November 2021  

As per the provisions of section 2(29A) of the income tax act 1961, “Liable to tax,” in relation to a person and with reference to a country, means that there is an income-tax liability on such person under the law of that country for the time being in force and shall include a person who has subsequently been exempted from such liability under the law of that country.

Mr. X is residing in UAE for the past more than 10 years. He is an Indian citizen having income in India exceeding Rs.15 lacks during Financial year 2020-21. He stayed in India for less than 120 days during Financial  year 2020-21. What will be residential status of Mr. X for Assessment year 2021-22 (Financial year 2020-21) as per the Income Tax Act 1961 keeping in mind the provision of section 6 as amended and the provision of section 2(29A).i.e. whether he will be treated as Non-Resident (NR) or he will be treated as Resident but Not-ordinarily resident.(R but NOR)?