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Residential Status

Latest Articles


Residential Status And Its Effect on Tax Incidence

Income Tax : An assessee's tax incidence is determined by his residential status. For example, an individual's residential status in India dete...

March 2, 2025 2259 Views 0 comment Print

Residential Status of An Assessee in Income Tax Act, 1961

Income Tax : Learn how residential status affects tax liability under the Income Tax Act, 1961. Understand ROR, RNOR, and NR classifications an...

February 27, 2025 783 Views 0 comment Print

Residential Status- ITA vs FEMA

Income Tax : Understand the differences in residential status under the Income Tax Act and FEMA for Indians working abroad. Know tax implicatio...

February 25, 2025 642 Views 0 comment Print

Residential Status Rules for Individual Taxpayers in India

Income Tax : Learn how to determine the residential status for individual taxpayers in India under Income Tax Act 1961, including ROR, RNOR, an...

December 2, 2024 3006 Views 0 comment Print

Residence in India for the purpose of Income-tax Act, 1961

Income Tax : Learn how residential status affects income tax liability in India. Understand the classifications and criteria for residents and ...

September 2, 2024 1734 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 20106 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 11637 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 2634 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 2208 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 2943 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 852 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 32853 Views 10 comments Print


A Short Summary of New Provisions of Residential Status of An Individual

May 26, 2020 5040 Views 0 comment Print

RESIDENTIAL STATUS OF AN INDIVIDUAL Resident Indian Citizen or person of Indian Origin – Stay in India for 182 days or more during the relevant year OR – Stay in India for 120 days or more during the relevant year and 365 days or more during the preceding four years – Total Income other than […]

Residential Status | Section 6(1A) | An unexpected twist in tale

May 22, 2020 45180 Views 4 comments Print

Finance Act, 2020 has amended section 6 to insert new sub-clause (1A) with an intention to bring into tax net the persons who are not liable to pay tax in any country due to their domicile or residency or any other criteria of similar nature. The newly inserted clause reads as under: “(1A) Notwithstanding anything […]

Number of days stay in India-Must know for NRIs

May 21, 2020 66546 Views 4 comments Print

The Finance Bill 2020 has been passed by the Parliament with some major relaxations on March 23, 2020. At the stage of passing of the Bill, there have been amendments made which would directly impact the Non Resident Individual community w.e.f 01st April, 2020. The Article here explains the concept of Residential status, deemed Resident, […]

Residential Status – Unintended anomaly of section 6(1A)

May 21, 2020 7518 Views 0 comment Print

The Finance Act, 2020 made several amendments in the provisions of the section 6 of the Income-tax Act, 1961 (Act) with aim to bring the stateless person (an individual who is citizen of India and having income other than foreign source more than Rs. 15 Lakhs) in tax net of the India.

Key takeaways on determination of residential status of an individual as per finance act, 2020

May 20, 2020 2304 Views 0 comment Print

The author has made an attempt to discuss each amendment made under section 6 of the Act in a tabular format, so that it is easy for the readers to understand the difference between the provisions as per the erstwhile law, the provisions proposed by the Finance Bill, 2020 and the amended law as mentioned in Finance Act, 2020:

Revised Residential Status Provisions | Section 6 | Income Tax Act 1961

May 19, 2020 20688 Views 3 comments Print

Introduction With the recent amendment by Finance Act 2020 in residential status provisions, NRIs are looking for possible understanding. It is crucial to understand the same as taxability of any income in the hands of an individual depends on the below criteria:- – Residential Status of the individual as per the Income tax act and […]

Non-Resident Analysis and Taxation

May 16, 2020 3093 Views 0 comment Print

1. The conditions to be called as an Indian RESIDENT or NON RESIDENT are: 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 182 days or more or Or, (b) Staying in India for 60 days in last financial […]

Residential status under Income Tax for AY 2020-21

May 13, 2020 20241 Views 0 comment Print

What is chargeable to tax is only Income. Naturally whatever qualifies as income under section 2(24) , shall be taxed as per the applicable tax rates under the income tax act. A key tangent to decide whether the income earned is taxable in India, is the residential status of the person who is receiving the […]

COVID-19 PANDEMIC: Relaxation on Residential Status under Income Tax Act, 1961

May 12, 2020 3075 Views 0 comment Print

In this article, I have covered the need and relaxations provided by the Central Government on Residential Status in Circular no. 11 dated May 8, 2020. As per the provisions of section 6 of the Income-tax Act, 1961 ‘period of stay’ of an individual is used to determine the residential status of individual taxpayers. Ordinarily, […]

Lockdown period not to be counted in residential status determination

May 11, 2020 1437 Views 1 comment Print

Recent clarification issued by CBDT – Lockdown time period will not be counted in the determination of residential status of NRIs for the FY 2019-20 Considering the impact of Covid 19 and amidst the situation of lockdown and suspension of international flights CBDT has recently issued Circular No 11 of 2020 dated 8 May 2020 […]

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