Section 5- Scope of income – Income Tax Act, 1961

5. [1] the total income of any previous year of a person who is a resident includes all income from whatever source derived which—

[a] is received or is deemed to be received in India in such year by or on behalf of such person ; or

[b] accrues or arises or is deemed to accrue or arise to him in India during such year ; or

[c] accrues or arises to him outside India during such year :

Provided that, in the case of a person not ordinarily resident in India within the meaning of sub-section [6] of section 6, the income which accrues or arises to him outside India shall not be so included unless it is derived from a business controlled in or a profession set up in India.

[2] Subject to the provisions of this Act, the total income of any previous year of a person who is a non-resident includes all income from whatever source derived which—

[a] is received or is deemed to be received in India in such year by or on behalf of such person ; or

[b] accrues or arises or is deemed to accrue or arise to him in India during such year.

Section 6- Residence in India – Income Tax Act, 1961

6. [1] An individual is said to be resident in India in any previous year, if he—

[a] is in India in that year for a period or periods amounting in all to one hundred and eighty-two days or more ; or

[b] having within the four years preceding that year been in India for a period or periods amounting in all to three hundred and sixty-five days or more, AND is in India for a period or periods amounting in all to sixty days or more in that year.

Explanation. 1—In the case of an individual,—

[a] being a citizen of India, who leaves India in any previous year as a member of the crew of an Indian ship or for the purposes of employment outside India, the provisions of this section shall apply in relation to that year as if for the words “sixty days”, occurring therein, the words “one hundred and eighty-two days” had been substituted ;

[b] being a citizen of India, or a person of Indian origin within the meaning of Explanation to clause [e] of section 115C, who, being outside India, comes on a visit to India in any previous year, the provisions of sub-clause [c] shall apply in relation to that year as if for the words “sixty days”, occurring therein, the words “one hundred and eighty-two days” had been substituted.

[2] A Hindu undivided family, firm or other association of persons is said to be resident in India in any previous year in every case except where during that year the control and management of its affairs is situated wholly outside India.

[3] A company is said to be a resident in India in any previous year, if—

[i] it is an Indian company; or

[ii] its place of effective management, in that year, is in India

Explanation.—For the purposes of this clause “place of effective management” means a place where key management and commercial decisions that are necessary for the conduct of business of an entity as a whole are, in substance made.

[4] Every other person is said to be resident in India in any previous year in every case, except where during that year the control and management of his affairs is situated wholly outside India.

[5] If a person is resident in India in a previous year relevant to an assessment year in respect of any source of income, he shall be deemed to be resident in India in the previous year relevant to the assessment year in respect of each of his other sources of income.

[6] A person is said to be “not ordinarily resident” in India in any previous year if such person is—

[a] an individual who has been a non-resident in India in nine out of the ten previous years preceding that year, or has during the seven previous years preceding that year been in India for a period of, or periods amounting in all to, seven hundred and twenty-nine days or less; or

[b] a Hindu undivided family whose manager has been a non-resident in India in nine out of the ten previous years preceding that year, or has during the seven previous years preceding that year been in India for a period of, or periods amounting in all to, seven hundred and twenty-nine days or less.

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