Salary of a person staying in India for more than 182 days being Resident is subject to Income tax


Quick Summary
This judgement clarifies that if an individual stays in India for 182 days or more in a financial year, they are considered a "Resident" for tax purposes under the Income Tax Act, 1961. Consequently, their global income, including salary earned abroad, becomes subject to Indian income tax. The Calcutta High Court upheld this principle, dismissing a petition where the individual failed to provide timely evidence and challenge assessments through proper legal channels.

Court :
Calcutta High Court

Brief :
In Tapas Kumar Basak v. Assistant Director of Income Tax, International Taxation-II &Ors. [W.P.O. No. 931 of 2007, dated September 16, 2021], Tapas Kumar Basak("the Petitioner")has challenged the impugned order dated January 25, 2007 passed by the Director of Income Tax (International Taxation), Kolkata ("the Respondent")treating the Petitioner as "Resident" for having stayed in India for 182 days during the relevant previous year as per Section 6(1)(a)of the Income Tax Act, 1961 ("the IT Act")The Assessing Officer brought the entire salary of the Petitioner amount to Rs. 12,26,822/- under the tax net as the global income of the resident as taxable while it is the claim of the Petitioner that it is not taxable by taking the ground that during the financial year relevant to the assessment year 2004-05 he was on foreign water for a total period of 184 days and his residential status should have been taken as "Non-Resident" and salary received by him should have been treated as exempted by relying on Circular No. 586 dated November 28, 1990which is calculable for the crew members.

Citation :
W.P.O. No. 931 of 2007, dated September 16, 2021

Daily Limit Reached

You have reached your daily limit of 2 Free Judgements

Subscribe to CCI PRO for unlimited access

Why Upgrade to CCI PRO?
  • No Ads
  • WhatsApp Community
  • Daily E-Newsletter
  • Unlimited Judgements Access
  • Profile Visitors
  • Link Social Profiles
  • Featured Job Posts
  • Pro Badge
  • Expert GST Guidance
  • Unlimited Forum Replies
  • Download Content in PDF
BEST VALUE
2 YEAR PLAN
3,499
(Excl. of GST ₹629)
1 YEAR PLAN
1,999
(Excl. of GST ₹359)

3 MONTHS PLAN
999
(Excl of GST ₹179)
View all CCI PRO benfits

Already a PRO member? Login here for an ad-free experience.

 

Bimal Jain
Published in Income Tax
Views : 228

Comments




CCI Pro



Company
29 August 2026
Chartered Accountant

Velionit Consulting PVT LTd

Mumbai

CA

View Details
Company
17 August 2026
Chartered Accountant with US GAAP Experience

Austin Med Solutions Pvt Ltd

Bengaluru

CA

View Details
Company
12 August 2026
Deputy Manager - Finance

RoamPrime Technologies Private Limited

Bengaluru

CA

View Details
Company
19 August 2026
PAID ARTCILE ASSISTANT

My Legal Tax Consultants Pvt. Ltd.

Noida

CA Inter

View Details
Company
14 August 2026
Article Assistant CA Articleship

Eshwar & Co Chartered Accountants - Nungambakkam

Chennai

CA Inter

View Details
Company
27 August 2026
ACCOUNTANT

CHARUPREETI & CO

Noida

Graduate (Any)

View Details
Company
19 August 2026
Chartered Accountant - Financial Consolidation & Reporting

Synergy Keystone

Mumbai

CA

View Details
Company
ARTICLESHIP 01 September 2026
Articles

Saini Pati Shah & Co LLP, Chartered Accountants

Mumbai

CA Foundation

View Details