CBDT issues clarification in respect of Residency under the Income Tax Act, 1961



Quick Summary
The Central Board of Direct Taxes (CBDT) has issued a clarification regarding the residency status of individuals who visited India in the 2019-20 financial year. Many of these individuals were unable to leave India as planned due to the suspension of international flights. The CBDT has released Circular No. 2 of 2021 to address these situations, offering a potential relaxation for those facing double taxation.

The Central Board of Direct Taxes has issued a clarification w.r.t the Residency of such individuals who had come on a visit to India during the previous year 2019-20 and intended to leave India but could not do so due to the suspension of international flights. Read the official notification and the relaxation given below:

Government of India
Department of Revenue
Ministry of Finance
Central Board of Direct Taxes

New Delhi, 3rd March 2021

CBDT Clarifies Residency Rules for 2019-20 Visitors

The Central Board of Direct Taxes (CBDT) has received various representations requesting for relaxation  in determination of residential status for previous year 2021-21 from individuals who had come on a visit to India during the previous year 2019-20 and intended to leave India but could not do so due to suspension of international flights. The matter has been examined by CBDT.

In this context, Circular No.2 of 2021 has been issued by CBDT today. Vide the said circular, it has been provided that if any individual is facing double taxation even after taking into account the relief provided by the relevant Double Taxation Avoidance Agreement (DTAA), he/she may furnish the specified information by 31st March, 2021 in Form-NR annexed to the said circular. This form is to be submitted electronically to the Principal Chief Commissioner of Income-tax (International Taxation). 

Circular No.2 of 2021 can be accessed here

FAQ :

This clarification affects individuals who visited India during the previous year 2019-20 and intended to leave but were unable to do so because international flights were suspended.

Circular No. 2 of 2021 provides a clarification and potential relaxation in determining the residential status for individuals affected by the flight suspensions during the 2019-20 previous year.

Individuals facing double taxation, even after considering relief from a Double Taxation Avoidance Agreement (DTAA), can furnish specified information by 31st March 2021.

The specified information should be submitted electronically in Form-NR, which is annexed to the circular, to the Principal Chief Commissioner of Income-tax (International Taxation).

The deadline for submitting Form-NR is 31st March 2021.




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