What will be the residential status of an Indian Citizen whose
Facts are as follows :
1) His stay in India during relevant previous year is for only 70 days (i.e. less than 182 days), as per Section 6(1)(a) and
2) During preceding 4 years his aggregate stay in India was for 503 days.
As per explanation-1 of Section 6(1) of Income Tax Act, the period of 60 days occurring in clause (c) of Section 6(1) is substituted with 120 days, his total income in India, other than from foreign sources, exceeds Rs. 15 Lacs,
since he has not crossed the permissible limit of 120 days during the relevant previous year, therefore his stay in India preceding 4 years is not to be considered for determining his residential status as per Section 6(1)(c),
3) He is domiciled in UAE where he stays for work, by virtue of which he is not liable to tax in any other country.
4) Other details of his past residential track record is as follows:-
(a) During 7 years preceding relevant Assessment Year, his total stay in India was for 740 days.
(b) During preceding 10 years he was Non-Resident in 7 years; and was Resident but not Ordinarily Resident in last 3 years.
Query :
(a) Will his residential status during relevant assessment year be "Non-Resident" U/s 6(1)
or
(b) Will his residential status for the relevant Assessment Year be considered as Resident but not Ordinarily Resident U/s 6(1A). | anreads Forums | anreads