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Residential Status In Nutshell

 

Ordinary Resident

Resident But NOR

Non-Resident

INDIVIDUAL
(a) He was in India for a period or periods totaling in all to 182 days or more during relevant previous year
OR
(b) He was in India for a period or periods totaling in all to 60 days or more during relevant previous year and 365 days or more during four previous years preceding the relevant previous year. And
Must be Resident in India in 2 out of 10 previous years preceding the relevant previous year And
Must be in India for 730 days or more during 7 previous years prece- ding the relevant previous year.

(a) He was in India for a period or periods totaling in all to 182 days or more during relevant previous
year
OR

(b)
He was in India for a period or periods totaling in all to 60 days or more during relevant previous year and 365 days or more during four previous years preceding the relevant previous year. And
U/s 6(6) was non resident in 9 or 10 previous years out of 10 previous years preceding relevant previous year ; OR
was in India for less than 730 days during 7 previous years preceding the relevant previous year.

He fails to fulfill both the tests of section 6(1).

 

HUF, FIRM, AOP, BOl
If control or management of HUF, FIRM, AOP, BOI was wholly or partially in India during relevant previous year.

This status is allowed only to HUF and others cannot claim it. HUF shall be NOR if its Karta can fulfill any one of the two tests given u/s 6(6) for an individual.

If control or management of such HUF, FIRM, AOP, BOI was wholly outside India during relevant previous year.

COMPANY
Every Indian compnay [i.e. which is incorporated under Indian Law or is deemed as company under any law of the country] is Resident company.
In case of any other company, which is incorporated outside India but has its control or management in India during relevant previous year is also a resident company.

A company cannot enjoy this status.

Any company, which is incorporated outside India and has its control or management outside India during relevant previous year is non-resident company.

IN CASE OF EVERY OTHER PERSON
In case of every other person, which has its control or management wholly in India during relevant previous year is resident.

Any other person cannot enjoy this status,

Any other person, which has its control or management wholly outside India during relevant previous year is non-resident.

 
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