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RESIDENTIAL STATUS PROBLEMS AND SOLUTIONS
1
Rajakrishnan M
Assistant Professor in Commerce CA
Income Tax
Law and Practice
RESIDENTIAL STATUS
Dr. NGPASC
Coimbatore | India
2
Mr. Arun an Indian Citizen leaves India for the first time on 1st October
2019 and comes back to India on 10th March 2020. Calculate his
residential status
C/P/Y 1.4.19 to 31.3.20
Apr 30 + May 31 + Jun 30 + Jul 31 + Aug 31 + Sep 30 + Oct 01 + Nov 00
+ Dec + 00 + Jan 00 + Feb 00 + Mar 22 = 206 Days
Ordinary Resident as per sec 6 (1)(a)
RESIDENTIAL STATUS
Dr. NGPASC
Coimbatore | India
3
Mr. Arun an Indian Citizen leaves India for the first time on 1st October
2018 and comes back to India on 10th January 2020. Calculate his
residential status.
C/P/Y 1.4.19 to 31.3.20
Apr 00 + May 00 + Jun 00 + Jul 00 + Aug 00 + Sep 00 + Oct 00 + Nov 00
+ Dec + 00 + Jan 22 + Feb 29 + Mar 31 = 82 Days
Not Satisfied Sec 6 (1) (a)
RESIDENTIAL STATUS
Dr. NGPASC
Coimbatore | India
4
Applying
Sec 6 (1)
(b)
Should
be in
India for
more
than 60
days in
C/P/Y
:
82 Days
:
Satisfied
And In
India for
more
than
365 days
in India
in 4
P/P/Ys
1st P/P/Y
1.4.18
to
31.3.19
2nd P/P/Y
1.4.17
to
31.3.18
3rd P/P/Y
1.4.16
to
31.3.17
4th P/P/Y
1.4.15
to
31.3.16
RESIDENTIAL STATUS
Dr. NGPASC
Coimbatore | India
5
1st P/P/Y 1.4.18 to 31.3.19
Apr 30 + May 31 + Jun 30 + Jul 31 + Aug 31 + Sep 30 + Oct 01 + Nov 00 +
Dec + 00 + Jan 00 + Feb 00 + Mar 00 = 184 Days
2nd P/P/Y 1.4.17 to 31.3.20 = 365 days
3rd P/P/Y 1.4.16 to 31.3.17 = 365 days
4th P/P/Y 1.4.15 to 31.3.16 = 365 days
Total No. of days in 4 P/P/Ys= 184+365+365+365 = 1279 : More than 365
days : Ordinary Resident as per sec 6 (1) (b)
6

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Residential status problems and solutions

  • 1. RESIDENTIAL STATUS PROBLEMS AND SOLUTIONS 1 Rajakrishnan M Assistant Professor in Commerce CA Income Tax Law and Practice
  • 2. RESIDENTIAL STATUS Dr. NGPASC Coimbatore | India 2 Mr. Arun an Indian Citizen leaves India for the first time on 1st October 2019 and comes back to India on 10th March 2020. Calculate his residential status C/P/Y 1.4.19 to 31.3.20 Apr 30 + May 31 + Jun 30 + Jul 31 + Aug 31 + Sep 30 + Oct 01 + Nov 00 + Dec + 00 + Jan 00 + Feb 00 + Mar 22 = 206 Days Ordinary Resident as per sec 6 (1)(a)
  • 3. RESIDENTIAL STATUS Dr. NGPASC Coimbatore | India 3 Mr. Arun an Indian Citizen leaves India for the first time on 1st October 2018 and comes back to India on 10th January 2020. Calculate his residential status. C/P/Y 1.4.19 to 31.3.20 Apr 00 + May 00 + Jun 00 + Jul 00 + Aug 00 + Sep 00 + Oct 00 + Nov 00 + Dec + 00 + Jan 22 + Feb 29 + Mar 31 = 82 Days Not Satisfied Sec 6 (1) (a)
  • 4. RESIDENTIAL STATUS Dr. NGPASC Coimbatore | India 4 Applying Sec 6 (1) (b) Should be in India for more than 60 days in C/P/Y : 82 Days : Satisfied And In India for more than 365 days in India in 4 P/P/Ys 1st P/P/Y 1.4.18 to 31.3.19 2nd P/P/Y 1.4.17 to 31.3.18 3rd P/P/Y 1.4.16 to 31.3.17 4th P/P/Y 1.4.15 to 31.3.16
  • 5. RESIDENTIAL STATUS Dr. NGPASC Coimbatore | India 5 1st P/P/Y 1.4.18 to 31.3.19 Apr 30 + May 31 + Jun 30 + Jul 31 + Aug 31 + Sep 30 + Oct 01 + Nov 00 + Dec + 00 + Jan 00 + Feb 00 + Mar 00 = 184 Days 2nd P/P/Y 1.4.17 to 31.3.20 = 365 days 3rd P/P/Y 1.4.16 to 31.3.17 = 365 days 4th P/P/Y 1.4.15 to 31.3.16 = 365 days Total No. of days in 4 P/P/Ys= 184+365+365+365 = 1279 : More than 365 days : Ordinary Resident as per sec 6 (1) (b)
  • 6. 6