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Income tax 2022-2023 latest

Sujana (92 Points)

07 May 2023

Sri. Munnalal an Indian citizen left for Sri Lanka for the first time on 1st October, 2018 as computer expert on employment basis. He came back to India on 31st May, 2019. He left for Bangladesh on 5th December, 2019 and returned to India on 10th June, 2020 and left thereafter to China on 10th March, 2021 and returned on 10th December, 2021. Determine his residential status for the previous year 2021-22. In this he is considered as special category is this because he doesn't come under General Category and he is in India for the last 11 years which is a condition for General category For this we shouldn't check The previous year 2021-2022 for AY 2022-23?

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CA Aman Rajput (Chartered Accountant) (9370 Points)
Replied 14 November 2023

Sri. Munnalal's residential status for the previous year 2021-22 will be determined based on the following rules:

-An Indian citizen who leaves India for employment outside India during the year will be a resident of India only if he stays in India for an aggregate period of 182 days or more.

-However, an Indian citizen who is deemed to be a resident in India (w.e.f FY 2020-21) will be a resident and ordinarily resident in India.

Since Sri. Munnalal stayed in India for a total of 290 days during the previous year 2021-22 (10th March, 2021 to 10th December, 2021), he will be considered a resident of India for the previous year 2021-22.

Yes, you should check the previous year 2021-22 for AY 2022-23. The residential status for a financial year is determined based on the individual's stay in India during the previous year. In this case, the previous year for AY 2022-23 is 2021-22.

Conclusion: Sri. Munnalal will be considered a resident of India for the previous year 2021-22.