Section 6 of Income Tax Act
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csarengarajan
Feb 20, 2009, 12:43:33 PM2/20/09
to CSMysore, csch...@googlegroups.com
Dear All
Brief introduction about Resident, Non Resident, Resident and ordinarily resident, and Not ordinarily resident. I am also enclosing case law with respect to the section 6 . Kindly go through the same
Regards
As per Section 6 (1) of Income tax Act, if an individual declares as resident, if he satisfies either of the conditions.
1) Resided in India the previous year for a minimum period of 182 days.
2) Resided in India the previous year for a minimum period of 60 days or more and 365 days or more during the four years immediately preceding the previous year. If you had proceeded abroad for the purpose of employment, then 60 days is to be substituted by 182 days
If an individual does not satisfy either condition, he will be regarded as an NRI.A "Non-Resident" is merely defined as a person who is not a "Resident" i.e. one who does not satisfy either of the above two prescribed tests of residence.
As per sub section 6 of Section 6 of Income tax Act, an individual is treated as 'Resident and Ordinarily Resident' in India if he satisfies at least one of the following two additional conditions in addition to the conditions mentioned in Section 6 (1) of Income tax Act
1) He has been a resident in India at least 9 out of the 10 previous years immediately preceding the relevant previous year
2) He has been in India for a period of 730 days or more during 7 years immediately preceding the relevant previous year
Not Ordinarily Resident
Brief introduction about Resident, Non Resident, Resident and ordinarily resident, and Not ordinarily resident. I am also enclosing case law with respect to the section 6 . Kindly go through the same
Regards
As per Section 6 (1) of Income tax Act, if an individual declares as resident, if he satisfies either of the conditions.
1) Resided in India the previous year for a minimum period of 182 days.
2) Resided in India the previous year for a minimum period of 60 days or more and 365 days or more during the four years immediately preceding the previous year. If you had proceeded abroad for the purpose of employment, then 60 days is to be substituted by 182 days
If an individual does not satisfy either condition, he will be regarded as an NRI.A "Non-Resident" is merely defined as a person who is not a "Resident" i.e. one who does not satisfy either of the above two prescribed tests of residence.
As per sub section 6 of Section 6 of Income tax Act, an individual is treated as 'Resident and Ordinarily Resident' in India if he satisfies at least one of the following two additional conditions in addition to the conditions mentioned in Section 6 (1) of Income tax Act
1) He has been a resident in India at least 9 out of the 10 previous years immediately preceding the relevant previous year
2) He has been in India for a period of 730 days or more during 7 years immediately preceding the relevant previous year
Not Ordinarily Resident
An individual, who is defined as Resident in a given financial year is said to be "not Ordinarily Resident" in any previous year if he has been a Non-Resident in India nine out of the 10 preceding previous years or he has during the seven preceding previous years been in India for a period of, or periods amounting in all to, 729 days or less.
Till 31st March, 2003, "Not Ordinarily Resident" was defined as a person who has not been resident in India in nine out of 10 preceding previous years or he has not during the seven preceding previous years been in India for a period of, or periods amounting in all to, 730 days or more.
Anand Wadadekar
Feb 21, 2009, 3:23:21 AM2/21/09
to CSMysore
Indeed an informative input by Mr. Rengarajan...
Regards,
- Anand Wadadekar
Pune
On Feb 20, 10:43 pm, csarengarajan <csarengara...@gmail.com> wrote:
> Dear All
>
> Brief introduction about Resident, Non Resident, Resident and ordinarily
> resident, and Not ordinarily resident. I am also enclosing case law with
> respect to the section 6 . Kindly go through the same
>
> Regards
>
> As per *Section 6 (1)* of Income tax Act, if an individual declares as*resident
> *, if he satisfies either of the conditions.
> *
> *If an individual does not satisfy either condition, he will be regarded as
> an NRI.*A "Non-Resident" is merely defined as a person who is not a
> *
>
> Case under Section 6 of Income tax.doc
> 104KViewDownload
Regards,
- Anand Wadadekar
Pune
On Feb 20, 10:43 pm, csarengarajan <csarengara...@gmail.com> wrote:
> Dear All
>
> Brief introduction about Resident, Non Resident, Resident and ordinarily
> resident, and Not ordinarily resident. I am also enclosing case law with
> respect to the section 6 . Kindly go through the same
>
> Regards
>
> *, if he satisfies either of the conditions.
>
> 1) Resided in India the previous year for a minimum period of 182 days.
>
> 2) Resided in India the previous year for a minimum period of 60 days or
> more and 365 days or more during the four years immediately preceding the
> previous year. If you had proceeded abroad for the purpose of
> employment,*then 60 days is to be substituted by 182 days
> 1) Resided in India the previous year for a minimum period of 182 days.
>
> 2) Resided in India the previous year for a minimum period of 60 days or
> more and 365 days or more during the four years immediately preceding the
> previous year. If you had proceeded abroad for the purpose of
> *
> *If an individual does not satisfy either condition, he will be regarded as
> an NRI.*A "Non-Resident" is merely defined as a person who is not a
> "Resident" i.e. one who does not satisfy either of the above two prescribed
> tests of residence.
>
> As per sub section 6 of Section 6 of Income tax Act, an individual is
> treated as *'Resident and Ordinarily Resident'* in India if he satisfies at
> tests of residence.
>
> As per sub section 6 of Section 6 of Income tax Act, an individual is
> least one of the following two additional conditions in addition to the
> conditions mentioned in Section 6 (1) of Income tax Act
>
> 1) He has been a resident in India at least 9 out of the 10 previous years
> immediately preceding the relevant previous year
>
> 2) He has been in India for a period of 730 days or more during 7 years
> immediately preceding the relevant previous year
>
> *Not Ordinarily Resident
> conditions mentioned in Section 6 (1) of Income tax Act
>
> 1) He has been a resident in India at least 9 out of the 10 previous years
> immediately preceding the relevant previous year
>
> 2) He has been in India for a period of 730 days or more during 7 years
> immediately preceding the relevant previous year
>
> *
>
> An individual, who is defined as Resident in a given financial year is said
> to be "not Ordinarily Resident" in any previous year if he has been a
> Non-Resident in India nine out of the 10 preceding previous years or he has
> during the seven preceding previous years been in India for a period of, or
> periods amounting in all to, 729 days or less.
>
> Till 31st March, 2003, "Not Ordinarily Resident" was defined as a person who
> has not been resident in India in nine out of 10 preceding previous years or
> he has not during the seven preceding previous years been in India for a
> period of, or periods amounting in all to, 730 days or more.
> **
> An individual, who is defined as Resident in a given financial year is said
> to be "not Ordinarily Resident" in any previous year if he has been a
> Non-Resident in India nine out of the 10 preceding previous years or he has
> during the seven preceding previous years been in India for a period of, or
> periods amounting in all to, 729 days or less.
>
> Till 31st March, 2003, "Not Ordinarily Resident" was defined as a person who
> has not been resident in India in nine out of 10 preceding previous years or
> he has not during the seven preceding previous years been in India for a
> period of, or periods amounting in all to, 730 days or more.
>
> Case under Section 6 of Income tax.doc
> 104KViewDownload
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