Can anyone explain me how to determine weather a person is resident or not in simple language.i am getting confused in the language of law.i am not able to understand this secttion properly.thanks in advance
2 Replies
CA Nilesh Sodhani
(CA)
(411 Points)
Replied 23 February 2010
Gaurang,
There are as such 4 different sub clauses under the Definition of Person Resident in India (Normally, we say Resident)
(i) Person residing for >182 days ( Please note it's not >= 182 Days as in Income Tax Act)
Excluding
(1) those going out for:
(a) Employment,
(b) Business / Vocation or
(c) for residing for uncertain period
(2) those coming to India otherwise than for
(a) Employment
(b) Business / Vocation or
(c) for residing for uncertain period
(ii) Body corporate regd / incorporated in India
(iii) Branch / agency in India which is owned / controlled by Non- Resident
(iv) Branch / agency outside India which is owned / controlled by Resident
Make a point very clear that Citizenship is not relevant for determining status of a person under FEMA ( It was there in FERA)
Here Person includes:
Individual, HUF, Company, Firm, AOP, BOI, Artificial Judicial Person, Branch / Office / Agency etc...
CA Nilesh Sodhani
(CA)
(411 Points)
Replied 23 February 2010
Please share any other point which you may have noticed with regard to the same topic
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