While under FEMA, an Indian going overseas for higher studies is categorised as a Non Resident on the day he/she leaves the country, for Income Tax purposes under Section 6, he/she needs to meet the following 2 confidtions:
1. Not be in India for 182 days or more in the FY; OR
2. Be in India for 60 days or less in the FY and less than 365 days in the previous 4 FY
The condition 2 is relaxed for those under section 115C (e) for visits to India in the FY from 60 days to 180 days.
My query therefore is, in case an Indian studying overseas visits during his/her holidays and stays 90 days in a given FY, would those visits be considered as those being categorised under section 115C (e) or would the student be categorised as Resident since his visits to India were greater than 60 days in the given FY.
Appreciate an early guidance.
CAclubindia
