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    Residential Status: Vaibhav Banjan

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    Anmol
    1) An individual is considered a resident in India if they are present in India for 182 days or more in a year, or are present for 60 days in a year and 365 days in the last 4 years. 2) Additional conditions must be met to be considered a resident and ordinarily resident, including being resident in at least 2 of the last 10 years and being present in India for 730 days in the last 7 years. 3) Those who do not meet the basic resident conditions are considered non-residents.

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    Residential Status: Vaibhav Banjan

    Uploaded by

    Anmol
    54 views14 pages
    1) An individual is considered a resident in India if they are present in India for 182 days or more in a year, or are present for 60 days in a year and 365 days in the last 4 years. 2) Additional conditions must be met to be considered a resident and ordinarily resident, including being resident in at least 2 of the last 10 years and being present in India for 730 days in the last 7 years. 3) Those who do not meet the basic resident conditions are considered non-residents.

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    Residential Status

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    1) An individual is considered a resident in India if they are present in India for 182 days or more in a year, or are present for 60 days in a year and 365 days in the last 4 years. 2) Additional conditions must be met to be considered a resident and ordinarily resident, including being resident in at least 2 of the last 10 years and being present in India for 730 days in the last 7 years. 3) Those who do not meet the basic resident conditions are considered non-residents.

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    © All Rights Reserved
    Download as PPT, PDF, TXT or read online from Scribd
    Download as ppt, pdf, or txt
    54 views14 pages

    Residential Status: Vaibhav Banjan

    Uploaded by

    Anmol
    1) An individual is considered a resident in India if they are present in India for 182 days or more in a year, or are present for 60 days in a year and 365 days in the last 4 years. 2) Additional conditions must be met to be considered a resident and ordinarily resident, including being resident in at least 2 of the last 10 years and being present in India for 730 days in the last 7 years. 3) Those who do not meet the basic resident conditions are considered non-residents.

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    of 14

    Residential Status

    Vaibhav Banjan
    Residence -Individual
    An Individual is said to be resident in India
    in any previous year, if he satisfies at least
    one of the following conditions:
    1) He is in India in the previous year for a
    period of 182 days or more.
    2) a) He is in India for a period of 60 days
    or more during the previous year
    and
    b) 365 days or more during 4 years
    immediately preceding the previous year.
    Exception to conditions (2)
    Period 60 Days is extended to 182 days
    in the following cases.
    i) An Indian citizen who leaves India during
    the previous year for the purpose of
    employment outside India
    ii) Indian citizen who leaves India during the
    previous year as a member of crew of
    Indian ship.
    iii) Indian citizen or person of Indian origin
    who comes on a visit to India during the
    previous year.
    A person is deemed to be of Indian
    origin if he, or either of his parents or
    any of his grand-parents was born in
    undivided India.
    Resident and Ordinarily Resident
    u/s 6(6)
    Individual is treated as Resident and
    Ordinarily Resident in India if he satisfies
    the following additional conditions:
    i) He has been resident in India in at lest 2 out
    of 10 previous year immediately preceding
    the previous year.
    ii) He has been in India for a period of 730
    days or more during 7 years immediately
    preceding the relevant previous year.
    Resident and Not Ordinarily
    Resident u/s 6(6)
    Individual who satisfies at least one of
    the basic conditions u/s 6 (1) but
    does not satisfy the additional
    conditions under u/s 6 (6)
    Non Resident
    Individual who does not satisfy at
    least one of the basic conditions
    u/s 6 (1).
    Hindu Undivided Family: u/s 6(2)

    A Hindu undivided family is said to be


    resident in India if control and management
    of its affairs is wholly or partly situated in
    India.
    A Hindu undivided family is said to be non-
    resident in India if control and management
    of its affairs is situated wholly outside India.
    Residential status of Karta is considered for
    determining whether a Resident family is
    ordinarily Resident.
    Firm and Association of Person.:
    u/s 6(2)
    A partnership firm and a association of
    persons are said to be resident in India if
    control and management of their affairs are
    wholly or partly situated within India during
    the relevant previous year.
    They are, however, treated as Non
    Resident in India if control and
    management of their affairs are situated
    wholly outside India.
    Company u/s 6 (3)
    Indian company is always resident in India.
    Foreign company is resident in India only if,
    during the previous year, control and
    management of its affairs is situated wholly
    in India.
    Foreign company is Non resident in India
    only if, during the previous year, control
    and management of its affairs wholly or
    partly situated out of India.
    Residential Status of Every Other
    Person
    Every Other person is said to be
    resident in India if control and
    management of his affairs are wholly
    or partly situated within India during
    the relevant previous year.
    However they are treated as Non
    Resident in India if control and
    management of their affairs are
    situated wholly outside India.
    Scope of Total Income :
    ROR RNOR NR
    Indian Income
    Income Received in India T T T
    Income Accrued in India T T T
    Income Deemed to be
    received in India T T T

    Income Deemed to Accrue in


    India T T T
    Foreign Income

    Income from Business is controlled


    from India T T NT
    Income from Profession
    set up in India T T NT

    Income from Business is controlled


    outside India T NT NT
    Income from Profession set up
    outside India T NT NT
    Other Foreign Income
    ( Rent, Interest etc.) T NT NT
    Income Deemed to Accrue or Arise
    in India
    Income from house property (residential or commercial)
    in India
    Income from any other asset in India
    Capital gain from asset located in India
    Income from business connection in India
    Salary from services rendered in India
    Salary from services rendered by a citizen for
    government of India outside India
    Interest income or royalty/fee income from government
    of India
    Interest income or royalty/fee income received from a
    resident Indian (for purpose other than overseas
    business)
    Interest income or royalty/fee income received from a
    non-resident Indian for running business in India

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