To file itr for fy 2017-18 as nri or resident

Subramanian.V (Retired) (64 Points)

11 June 2017  

I am a New NRI in USA. I got Green Card on Sept 20, 2016. I have been a permanent resident of India all along my life(age 78 years).. To be a Resident I do not qualify on condition 1 ie I stayed in India less than 182 days during 2016-17. But according to my view, I satisfy condition 2 namely: "stayed in India for 60 days or more in the year and for a period of 365 days or more in the 4 years preceding the relevant financial year". ( My stay in India in the earlier four years were as follows: FY-2015-16: 366 days, FY 2014-15:182 days, FY2013-14: 198 days & FY2012-13: 166 days). My queries are : (1). In my ITR  for AY 17-18 should I say Resident or NRI? (2).My income is limited to Interest income only & is Rs. 2.80 lakhs. If Resident, I need not file ITR but if NRI I should file being above Rs. 2.5Lakhs.In ane case I would like to file ITR. Is there any other condition to satisfy as NRI or Resident for Income-Tax purposes?