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Residential Status

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

Income Tax : The Income-tax Act determines residential status based on an individual's stay in India, income, citizenship and tax liability abr...

June 30, 2026 3654 Views 0 comment Print

Income Tax & FEMA provisions applicable to Non Residents

Income Tax : The article explains how residential status under the Income-tax Act and FEMA impacts taxation, foreign income reporting, business...

June 17, 2026 33246 Views 3 comments Print

Income Tax Exemption to foreign funds investing in Indian infrastructure entities

Income Tax : The issue concerns tax relief for foreign investors in infrastructure. The key takeaway is that specified funds can claim exemptio...

April 5, 2026 1083 Views 0 comment Print

Residential Status Under Income-tax Act 2025

Income Tax : Residential status under the Income-tax Act determines taxability based on stay, control, or management. The key takeaway is that ...

March 27, 2026 2502 Views 0 comment Print

War & 182-Day Rule: How Seafarers Can Save Tax on NRE Salary

Income Tax : Even if seafarers fail the 182-day NRI test due to crises or travel delays, foreign salary may still remain tax-free. RNOR status ...

March 13, 2026 3849 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 21762 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 12285 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 3492 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 2553 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 3399 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 1110 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 34326 Views 10 comments Print


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

March 4, 2021 12702 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 34326 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 2367 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 9939 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 2754 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 13071 Views 1 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 21762 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 12285 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.

Residency Rule Dilemma

July 30, 2020 2082 Views 0 comment Print

*Yashish Sharma Determining the residential status for income tax purposes is a big challenge for this financial year and a part of the previous financial year. This has been a topic of debate as many non – residents had to extend their stay in India, in view of the lockdown and resultant suspension of international […]

Residential Status under Income Tax Act, 1961-update

July 21, 2020 6252 Views 0 comment Print

The residential status of a person must be derived with reference to each previous year. He is Resident if any of the following 2 conditions are satisfied: a. He has been in India for a total period of 182 days or more during the previous year. b. He has been in India for a total […]

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