Ordinary Resident : applying Sec 6 (1)(a) / (b)
Ex. Mr.Kumar left India
for the first time on 1.6.2016 and comes back on 1.10.2017. Calculate his
residential status for the assessment year 2017-18.
Solution:
Key facts:
1.Only previous year is to be taken for calculation.
2. The day He leaves and date of return should be taken for calculations.
Key facts:
1.Only previous year is to be taken for calculation.
2. The day He leaves and date of return should be taken for calculations.
Current previous
year: 1.4.2016 to 31.3.2017
April 30 + May
31 + June 01+ July 00 + August 00 + September 00 + October 00 + November 00 +
December 00 + January 00 + February 00 + March 00 = 62
Total Number
of days = 62
He has not
satisfied the condition mentioned in Sec 6 (1)(a).
Now applying
Sec 6 (1)(b)
His stay in India during the current previous year is more than 60 days.
Now, we have to check whether his stay in India exceeds 365 days in 4 preceeding previous years or not.
His stay in India during the current previous year is more than 60 days.
Now, we have to check whether his stay in India exceeds 365 days in 4 preceeding previous years or not.
Since, for the
first time he is leaving India on 1.6.2016 he lived here fully for 4 preceeding
previous years.
1.4.2015 -
31.3.2016 = 366 days
1.4.2014 - 31.3.2015 = 365 days
1.4.2013 - 31.3.2014 = 365 days
1.4.2012 - 31.3.2013 = 365 days
Total number of days in 4 preceeding previous years = 1461 .
1.4.2014 - 31.3.2015 = 365 days
1.4.2013 - 31.3.2014 = 365 days
1.4.2012 - 31.3.2013 = 365 days
Total number of days in 4 preceeding previous years = 1461 .
He satisfied
the condition mentioned in Sec 6 (1)(b). Hence, he is the ordinary Resident for
the assessment year 2017 - 18.
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