Residential status of certain individuals under Income-tax Act, 1961


Quick Summary
This circular clarifies rules for determining an individual's residential status under the Income-tax Act, 1961, particularly for the previous years 2019-20 and 2020-21. It provides relaxations for individuals who were in India due to COVID-19 related travel disruptions. For the previous year 2020-21, specific conditions are outlined to ensure that a short stay in India due to the pandemic does not automatically result in acquiring Indian residency.

Circular No. 2 of 2021 F. No. 370142/18/2020-TPL Government of India Ministry of Finance Department of Revenue Central Board of Direct Taxes New Delhi, 3rd March, 2021 Residential status of certain individuals under Income-tax Act, 1961 Section 6 of the Income-tax Act, 1961 (the Act)
Daily Limit Reached

You have reached your daily limit of 2 Free Notice & Circular

Subscribe to CCI PRO for unlimited access

Why Upgrade to CCI PRO?
  • No Ads
  • WhatsApp Broadcasts
  • Daily E-Newsletter
  • Unlimited Notice & Circular Access
BEST VALUE
2 YEAR PLAN
3,499
(Inclusive of GST)
1 YEAR PLAN
1,999
(Inclusive of GST)
Buy CCI PRO Now

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

FAQ :

The circular clarifies the determination of residential status for individuals under the Income-tax Act, 1961, addressing the impact of COVID-19 on previous years 2019-20 and 2020-21.

Yes, for individuals who came to India before 22nd March 2020 and were unable to leave due to the pandemic, certain periods of stay (from 22nd March 2020 to 31st March 2020, or quarantine periods) were not counted for determining residential status.

Generally, a short stay in India during the previous year 2020-21 due to being stranded by the pandemic is unlikely to result in acquiring Indian residency, provided specific conditions are met.

They become a resident if their Indian source income doesn't exceed ₹15 lakh and they stay 182+ days, OR if their Indian source income exceeds ₹15 lakh and they stay 182+ days, or stay 120+ days in 2020-21 and 365+ days in the preceding four years.

They become a resident if they stay 182+ days in 2020-21, or stay 60+ days in 2020-21 and 365+ days in the preceding four years.

 

Comments




CCI Pro





Company
ARTICLESHIP 28 July 2026
Article/Intern/Semi-Qualified/Fresher B.Com

VNSS & Co

Mumbai

Others

View Details
Company
ARTICLESHIP 10 July 2026
Article Assistant

N S Gokhale & Co

Thane

CA Inter

View Details
Company
Featured 02 August 2026
Accounts Executive

Aashok F&C Advisory

Guwahati

CA

View Details
Company
16 July 2026
CA Inter, CA Intermediate, CA IPCC, CA CPT , CA SemiQualifie

Vakilsearch.com

Chennai

CA Inter

View Details
Company
Featured 16 July 2026
CA Inter, CA Intermediate, CA IPCC, CA CPT, CA SemiQualified

Vakilsearch.com

Chennai

CA Inter

View Details
Company
Featured 18 July 2026
Senior Manager- Finance & Accounts

apricus india

Ahmedabad

CA

View Details
Company
11 July 2026
CA semi qualified

Vakilsearch.com

Chennai

CA Inter

View Details
Company
13 July 2026
AVP / VP - PCG Advisory

Workforce Connect

Mumbai

MBA

View Details
Follow