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Residential Status

Latest Articles


Simplifying Residential Status Concept in India

Income Tax : Gain insights into India's residential status rules under Section 6 of the Income Tax Act, simplifying complexities for individual...

May 31, 2024 1341 Views 0 comment Print

Residential Status of Individuals under Income Tax Act

Income Tax : Learn why determining residential status matters for income tax in India. Explore the categories, tests, and implications for ind...

March 29, 2024 7671 Views 0 comment Print

Significance of Residential Status: Understanding its Importance & Necessity

Income Tax : Explore the importance of determining residential status for tax purposes, its impact on global income taxation, and compliance st...

March 4, 2024 1020 Views 0 comment Print

Understanding Residency Status for Property Sale by NRIs in India

Income Tax : Explore intricacies of NRI residency status in Indian property transactions. Learn tax implications for resident and non-resident ...

January 9, 2024 1599 Views 0 comment Print

A Study of Residential Status of an Individual and Hindu Undivided Family in Accordance To Income Tax Act

Income Tax : Explore the intricacies of residential status under the Income Tax Act in India. Learn about individual and HUF classifications, c...

December 8, 2023 9192 Views 0 comment Print


Latest News


Scope of income and Residence in India | Section 5 & 6

Income Tax : 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...

September 20, 2020 19296 Views 0 comment Print

Suggestion /representation on 7 Important Direct Tax Issues

Income Tax : Following is the summary of Suggestion /representation on behalf of the taxpayers/professionals in connection with the Direct tax ...

September 7, 2020 11538 Views 1 comment Print


Latest Judiciary


Residential Status Dispute: Assessee’s Victory in ITAT Mumbai

Income Tax : Mumbai ITAT rules in favor of assessee in residential status dispute. Case details of ACIT vs. Nishant Kanodia for AY 2013-14. Com...

January 11, 2024 2322 Views 0 comment Print

Tax Residency Certificate is only evidence required to be eligible for benefit under DTAA

Income Tax : ITAT Delhi held that Tax Residency Certificate (TRC) is statutorily the only evidence required to be eligible for the benefit unde...

June 21, 2023 2058 Views 0 comment Print

Passport needs to be considered to determine Residential Status of Assessee

Income Tax : Narayanan Subramaniam Vs ACIT (ITAT Delhi) Controversy involved is primarily with regard to question if the assessee had non­-res...

April 15, 2023 2835 Views 0 comment Print

Citizenship cannot be decided based on Definition of ‘Resident’ under Income Tax Act

Income Tax : Explore the residency dispute in Smt. Kamla vs Hindustan Petroleum Corp. Detailed analysis of the court view on residency criteria...

June 24, 2022 735 Views 0 comment Print


Latest Notifications


CBDT clarifies on Residential status & Issues new NR Form

Income Tax : OECD as well as most of the countries have clarified that in view of the provisions of the domestic income tax law read with the D...

March 3, 2021 32397 Views 10 comments Print


‘Fasting’ for Stranded Resident Indians & ‘A Half-Baked Cookie’ for NRIs!!

March 8, 2021 5982 Views 0 comment Print

As per section 6(1) of the Income Tax Act, 1961, a person is considered as a resident in India for a particular financial year if his/her stay in India in that financial year is 182 days or more, or if his/her stay in that financial year is 60 days or more and 365 days or more in immediately preceding four financial years.

Clarification regarding possibility of double taxation during Covid-19 – FY 2020-2021

March 5, 2021 3141 Views 0 comment Print

The whole Covid-19 pandemic situation has made government to release a lot of relaxations and clarifications. One major concern that was brought forward for the clarification was the question of double taxation. Due to the pandemic, lot of flights were suspended making the temporary stay of the non-residents in India to extend for the further […]

Form NR to provide relief from double taxation to Non-residents

March 4, 2021 11595 Views 12 comments Print

Discover how Form NR can provide relief from double taxation to non-residents. Learn about the self-declaration form introduced by CBDT.

CBDT clarifies on Residential status & Issues new NR Form

March 3, 2021 32397 Views 10 comments Print

OECD as well as most of the countries have clarified that in view of the provisions of the domestic income tax law read with the DTAAs, there does not appear a possibility of the double taxation of the income for FY 2020-21, As explained above, the possibility of double taxation does not exist as per the provisions of the Income-tax Act, 1961 read with the DTAAs.

Tax Implication of Overstaying in India due to lock down

December 25, 2020 2082 Views 0 comment Print

Do those who have been stranded due to lock down become tax resident due to overstay? Under the tax laws, residents are required to pay tax on their global income whereas non residents have to pay tax on their Indian income only. Your residential status is determined on the basis of aggregate period of your […]

Determination of Residential status of Foreign Citizen in India as per Income Tax Act

October 29, 2020 8835 Views 0 comment Print

Determination of Residential status of Foreign Citizen in India as per Income Tax Act Step 1: First of all we have to identify whether the person is Resident Indian or Non- Resident Indian: An individual shall be treated as Resident in India if he satisfies any one of the below mentioned conditions: a) If, he/she […]

Amendments in Residential status provisions – Impact on sea fearers

September 27, 2020 2433 Views 0 comment Print

One of the major changes in the Finance Act, 2020 (‘FA, 2020’) is with respect to amendments in residential status criteria, which directly impacts the Non Resident Individual (NRI) community. Various news articles had spread wrong stories wherein they had stated that new amendments in FA 2020 will affect the taxation of salary received by […]

Residential Status and its impact on an Individual’s Income

September 25, 2020 12345 Views 0 comment Print

Different countries adopt different principles to tax the Income of an Individual. There are three main principles adopted globally to tax the Income of an Individual – Residence principles, Source principles, and Citizenship principles. In India, An individual’s income is taxed based on its residential status for any particular financial year, not based on citizenship. […]

Scope of income and Residence in India | Section 5 & 6

September 20, 2020 19296 Views 0 comment Print

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 […]

Suggestion /representation on 7 Important Direct Tax Issues

September 7, 2020 11538 Views 1 comment Print

Following is the summary of Suggestion /representation on behalf of the taxpayers/professionals in connection with the Direct tax related matter. Detailed reasoning of same is provided in subsequent paragraphs.

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