Residential Status and filing of returns
This query is : Resolved
23 July 2023
A person went abroad for study purpose on 1st September 2022. He was Indian Citizen and has been in India since birth. This is the first time he went abroad on 1st September for study purpose. To meet the living expenses he was doing part time work in a Coffee shop. His income in India since he started filing his IT returns was below 5 lacs and he has been filing his IT returns.
So for the FY 2022-23,
1. what would be his residential status for FY 2022-23 and also for FY 2023-24?
2. is it required to show his part time income earned in dollars for the FY 2022-23 IT return?
3. Since he was in India for 5 months(April till August) in FY 2022-23, he didn't have much income(Lets say he was having approx. 1.5 lacs only). So, is he required to file his returns?
Request to give advice/clarification on this.
So for the FY 2022-23,
1. what would be his residential status for FY 2022-23 and also for FY 2023-24?
2. is it required to show his part time income earned in dollars for the FY 2022-23 IT return?
3. Since he was in India for 5 months(April till August) in FY 2022-23, he didn't have much income(Lets say he was having approx. 1.5 lacs only). So, is he required to file his returns?
Request to give advice/clarification on this.
23 July 2023
1. NRI for both the years. (unless he returns back before 30.09.2023)
2. No.
3. Better to file ITR be it below exemption limit. Though it is not mandatory.
2. No.
3. Better to file ITR be it below exemption limit. Though it is not mandatory.
Message likes :
1 times
24 July 2023
Thank you for your response.
But as per condition 2 of the Residential status: which states that - Resides in India for the immediately 4 preceding years is 365 days or more and 60 days or more in the current financial year, then that person would be a resident of India.
He was 153 days in India for the year 2022 which is more than 60 days.
So, does this satisfy the condition?
and
He will be in abroad for the whole year 2024 too
But as per condition 2 of the Residential status: which states that - Resides in India for the immediately 4 preceding years is 365 days or more and 60 days or more in the current financial year, then that person would be a resident of India.
He was 153 days in India for the year 2022 which is more than 60 days.
So, does this satisfy the condition?
and
He will be in abroad for the whole year 2024 too
Message likes :
1 times
24 July 2023
Yes, he satisfies the condition and will be 'Resident' for FY 2022-23.
24 July 2023
Thank you for your response.
So for question 2. Does he need to show his part time income being student earning to meet living expenses in abroad?
Is there any points in the DTAA between India and Canada ?
So for question 2. Does he need to show his part time income being student earning to meet living expenses in abroad?
Is there any points in the DTAA between India and Canada ?
24 July 2023
Yes, if any tax is withdrawn over the income and if he has the TRC.
13 September 2024
Good luck.
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- SEC 54 OF IT ACT
- Where to show the RCM on Rent paid to unregistered landlord
- Is Aadhar PAN linking required for opening bank account?
- Form 26QB for TDS on property
- CPC Processing IT Return for AY 2023-24 without recognizing the Taxation Option under New Regime
- BLOCKED-INELIGIBLE GST CREDIT
- Amendment of September 2021 Invoice
- Payable outstanding for years disallowance
- Offsetting interest income against derivative trading losses
- Whether still royalty
- Strategic Performance Management and Business Valuation
- Appeals vs Writ court -certain doubt
- Issue of gst e invoice
- Interchangeable words in accounts
- Adjusted profit/Loss in the case of LLP and Pvt. Ltd.company
- How to adjusted advances given or receipt
- Foreign vendor without PAN unable to to register due to non receipt of OTP on foreign number ?
- 133(6) DIN INVALID format error - ->WHERE TO REPLY 133(6) notice?
- Query for dubts
- Regarding Resignation by Auditor from Pvt. Ltd.
Trending Online Classes
-
Excel Mastery Program
CA Rishabh Pugalia
CAclubindia
