Solve this FEMA Question

Dear Sahil,

Generally as per Fema 1999, if any person residing in india for more than 182 days during the preceding F.y , then he is treated as 'Person residing in India' i.e. 'Resident' under Fema....now in ur case the person resides in india for the whole year in the preceding F.y 1999-2000 and left india for taking up employment abroad on 01.04.2000 i.e. in the next F.y and not in preceding F.y....hence in F.y 2000-2001 he is Resident as he resides in india for whole year i.e.  more than 182 days in F.y 1999-2000...

Secondly, in case he went to abroad for taking employment on or before 31.03.2000 i.e. in preceding F.y 1999-2000 then he becomes non resident although he was in india for more than 182 days in the preceding year 1999-2000.

Hence in first case he is 'Resident' and in second case he is 'Non resident'....

Hope ur query remains solved now....In case u hv any further query in Fema, 1999, feel free to ask me...

REGARDS

RAGHAV

not even module has specified about this kind of cases ?

means u r saying that as per d book, in both cases he is non resident??????? but my ans. is fully right....

yes sir,,,,,u r right ...if u r having that buk than book at the questions given

r u talking about munish bhandari handbook???????? or d main book???

munish bhandari buk ...see any question similar to one related to my example...all the answers r contradictory

i dont come across any similar ques. in handbook wherein two dates r given, i.e 1st april n 31st march ???????

okay..refer Question 4L part (C) or near to that in new edition....mine is  9th Edition....question is related to Mr. harsh  

did u find that question ?

As per sec 2(v), 

                              (c) for any other purpose, in such circumstances as would indicate his intention                                         to stay outside India for an uncertain period.............

Since the assessee had gone out of India for taking up employment, he would straightaway be regarded as a non-resident.

@ sahil- actually i hv 8th reprint edition only wherein i didnt find any such ques.....urs is 9th edition so probably ques. is there on it........but will u tell me d language of answer mentioned in ur book.......let me interpret d meaning of it too....