These entities may either be resident or non-resident in India for any previous year.
When is a Firm, AOP, BOI, etc. said to be Resident in India?
A firm, AOP, etc. is said to be resident in India in any previous year in all cases except where during that year the control and management of its affairs is situated wholly outside India.
In the case of a firm, the control and management is in the hands of the partners and therefore, if the partners generally meet in India regarding the affairs of the firm, then the firm is said to be resident in India.
When is a Firm, AOP, BOI, etc. said to be Non-Resident in India?
If the control and management of the affairs of these entities is wholly out of India during the relevant previous year then they are said to be non-resident.
In other words, to be Non-Resident, no part of the control and management should be in India.
Note :
For purpose of determining the residential status of a firm or a HUF, the residential status of the partner of the firm or the members of the HUF, is immaterial except in cases where the residence of the partners or the members of the family affects its control and management. |
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