Residential status
This query is : Open
Querist : Anonymous
Querist :
Anonymous
(Querist)
11 January 2016
If control and managent of businness of huf is wholy or partly from india then huf is said to be resident.
Now status of karta will decide whether the huf is ordinarily or not ordinarily resident.
If karta is non resident, what will be status of huf, ordinarily or not ordinarily resident..?
11 January 2016
A. In a situation where control & management of HUF's affairs is situated wholly outside India-
and Karta is also a non resident- then the HUF will be a Non Resident.
B. In a situation where control & management of HUF's affairs is not situated wholly outside India then the HUF is a Resident. In fact to decide whether the HUF is a not ordinarily resident-
we have to put 2 tests on the Karta -
1. Non Resident in 9 out of 10 PP yrs ,or
2. Stayed in India for 729 Days or less in 7 PP Yrs.
So, here we have to see Karta's stay in India in Preceding Previous years also , if we would like to categorise the HUF as a not ordinarily resident.
and Karta is also a non resident- then the HUF will be a Non Resident.
B. In a situation where control & management of HUF's affairs is not situated wholly outside India then the HUF is a Resident. In fact to decide whether the HUF is a not ordinarily resident-
we have to put 2 tests on the Karta -
1. Non Resident in 9 out of 10 PP yrs ,or
2. Stayed in India for 729 Days or less in 7 PP Yrs.
So, here we have to see Karta's stay in India in Preceding Previous years also , if we would like to categorise the HUF as a not ordinarily resident.
Querist : Anonymous
Querist :
Anonymous
(Querist)
12 January 2016
yes, above test is possible only when karta is resident but what if huf is resident and karta is " non resident " in py then how to decide that huf is ordinarily or not ordinarily resident in p.y ...?
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