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Residential Status DC 2023-24
Residential Status DC 2023-24
RESIDENT
(182 days/60 days py & 365 in 4 NON-RESIDENT
py)
RESIDENT AND
ORDINARILY
RESIDENT BUT
RESIDENT
NOT
( 2 out of 10 py
ORDINARILY
&
RESIDENT
730 in 7 py)
Exceptions: - By virtue of explanation (a) to section 6(1), the period of “60 days”
referred to in (b) above has been extended to “182 days” as follows: -
An Indian citizen who leaves India during the previous year for the purpose of
employment outside India or an Indian citizen who leaves India during the previous
year as a member of the crew of an Indian ship.
Indian citizen or a person of Indian origin who comes on a visit to India during the
previous year.
Sudhansu Sir Unit-III Disha College
Additional Conditions [Sec. 6(6)]: A residence individual is treated as
ordinarily resident in India if he satisfies the following two additional conditions: -
He has been resident in India in at least 2 out of 10 previous years immediately
preceding the relevant previous year; and
He has been in India for a period of 730 days or more during 7 years immediately
preceding the relevant previous year.
Resident but not Ordinarily Resident in India: - An individual who satisfies at least
one of the basic conditions but does not satisfy the two additional conditions is treated
as a resident but not ordinarily resident in India.
Non Resident: - An individual is a non-resident in India if he satisfies none of the
basic conditions. In the case of non-resident, additional conditions are not relevant.
MUNERICAL QUESTIONS:
1. Ascertain the residential status of the assessees in the following cases for the
assessment year 2020-21:
(a) Ajay is a citizen of India. He left for Iran on 18 th April, 2019 and could not return to
till the end of the financial year 2019-20.
(b) Goutam left for U.S.A. on 10 th March, 2017 after having livedin india for 20 years.
He returned to India on 10th September, 2019.
2. Mr X, an England cricket player, comes to India since 2006-07 every year to play
cricket and stays here for 120 days. What will be his residential status for the
Assessment Year 2020-21?
3. Shree Amitabh Bacchan an Indian citizen went to America on 1 st April, 2019 for a film
shooting. Due o ill health, he has to stay there just after shooting. He came back to
India on 25th September, 2019. He had to go again on 8 th December 2019 and returned
Sudhansu Sir Unit-III Disha College
India on 15th February, 2020. Is Shree Amitabh Bacchan resident in India for the
Assessment year 2020-21? If not, why?
5. Siva kumar, an India citizen, leaves India to USA for a job on 21-09-2019. What
will be his residential status for the Assessment Year 2020-21, if he has never left
India earlier?
6. Shri Ramesh has the following incomes for the Financial Year 2019-20:
8. Shri Hanuman Prasad has the following incomes for the previous year ending on 31 st
March 2020:
i. Income from salary in India from a company (He went to Australia for some months
due to his service and received salary for such period there) computed Rs. 50000.
ii. Dividend from an Indian Company received in England and spent there Rs. 10000.
iii. Income from house property in India received in Pakistan Rs. 20000.
iv. Dividend from a foreign company received in England and deposited in a bank there
Rs. 10000.
v. Income from business in Kolkata, managed from U.S.A. Rs. 20000.
vi. Income from business in U.S.A. (controlled from Kanpur Head Office) Rs. 12000.
vii. Income was earned in Australia and received there, but brought into India Rs.
25000.
viii. His material uncle sent a Bank Draft from France as a gift to him on his marriage
Rs. 20000.
Sudhansu Sir Unit-III Disha College
Compute the gross total income, if he is:
i. Ordinarily Resident
ii. Not ordinarily resident
iii. Non-resident.
9. Mr. Darshan earns the following incomes during the Financial Year 2019-20:
a. Profits earned from business in Paris which is controlled from India, half of the
profits being received in India Rs 160000.
b. Income from pension from former employer in India, received in U.S.A. (computed)
Rs. 32000.
c. Income from agricultural in Pakistan and brought to India Rs. 40000.
d. Income from property in U.K. and received there Rs. 32000.
e. Past untaxed foreign income brought into India during the previous year Rs. 40000.
f. Gift in foreign currency from a relative received in India Rs. 80000.
Determine the gross total income of Mr. Darshan for the Assessment Year 2020-21, if
he is:
i. Resident
ii. Not ordinarily resident
iii. Non-resident.
10. Particulars of income of Shri Ashok who is resident but not ordinarily resident for
the Assessment Year 2020-21 are given below:
a. Profit from business in U.S.A. received in India, Rs 100000.
b. Share of profit from a firm in India Rs. 50000.
c. In from house property in U.S.A. deposited there Rs. 60000.
d. Income from agricultural in Sri Lanka received in India Rs.40000.
e. Past untaxed foreign income brought to India during the previous year 2019-20 Rs.
120000.
f. Profit from business in U.K. which is controlled from India but deposited in a Bank
Account in U.K. Rs. 70000.
Calculate the total income of Shri Ashok.
(b) X, after 30 years of stay in India, returned to Canada on February 14, 2017. He
returned to India in August 2019 to join a Canadian company as its overseas branch
manager. Determine his residential status for the Assessment year 2020-21.
13. Mr. Anand furnishes the following particulars of his income earned during the
previous year relevant to the Assessment Year 2020-21:
a. interest on German Development Bonds ( One-third is received in India) Rs.51000.
b. Income from agriculture in Bangladesh, remitted to India Rs. 31000.
c. income from property in Canada received in U.S.A. Rs. 110000.
d. Income earned from business Kuwait, business being controlled from Mumbai (Rs.
25000 is received in India) Rs. 65000.
e. Dividend from an Indian Company Rs. 15000.
f. Royalty received in Singapore from Mr. David, a resident in India, for technical
services provided for a business carried on in Singapore Rs. 25000.
g. profit from a business in Chennai, this business is controlled from Singapore Rs.
1,25,000.
h. Profit on sale of a building in India, but received in Nepal Rs. 250000.
i. Income from agriculture in Punjab, received in Mumbai Rs. 30000.
j. Profit from business in Indonesia, this business is controlled from Delhi (60% at the
profit deposited in a bank there and 40% is remitted to India) Rs. 40000.
k. Interest received from Mr. Dayal, a non-resident, on the loan provided to him for a
business in India Rs. 28000.
Compute his Gross Total Income, if he is:
i. Resident
ii. Not ordinarily resident
iii. Non-resident
14. Determine the residential status of Mr. Ram for the Previous Year 2019-20 who
left India for the first time on 15-09-2015 and came back on 01-09-2018. He again
left for Dubai on 15-06-2019 and came back on 14-02-2020 to settle in India.
Assignment Questions:
1. Mr. X came to India on 15-10-2019 for a visit of 7 months. He is an Indian citizen.
In earlier years he was in India as follows:
Year No. Of Days
2018-19 240
2017-18 340
2016-17 Nil
2015-16 118
Find out the residential status of Mr. X for the Assessment Year 2020-21.
Sudhansu Sir Unit-III Disha College
2. Mr.Prasad has furnished the following particulars for the previous year 2019-20.
Calculate his gross total income if he is non-resident:
3. Following are the incomes of Shri Amarnath for the Financial Year 2019-20:
a. Interest on Savings Bank Deposit in Allahabad Bank, Delhi RS. 1200.
b. income from agricultural in Africa invested in Nepal Rs. 10000.
c. Dividends received in U.K. from American Company, out of which Rs. 2000 were
remitted in India Rs. 10000.
d. Income from salary for three months for working in Indian Embassy’s Office in
Australia and salary received there (computed) Rs. 72000.
e. Income from House property. (The building is situated in Pakistan, out of which Rs.
10000 deposited in a bank in Pakistan and the balance remitted to India) Rs. 15000.
f. Pension income in Belgium for services rendered in India with a limited company Rs.
20000.
Your required to compute his gross total income for the Assessment Year 2020-21,
if he is:
i. Resident
ii. Not ordinarily resident
iii. Non-resident
4. Indian citizen Dr. Dinesh (Government employee) has the following taxable income
for the Previous Year 2019-20:
a. Income from salary received in a foreign country for services rendered in that
country (compared) Rs. 50000.
b. Agricultural income from agricultural land situated in Pakistan Rs. 20000.
c. Dividend by an Indian Company payable outside India Rs. 10000.
d. Income from transfer of a long term capital asset situated in India Rs. 20000.
e. Interest earned and received in England from Bank deposit there Rs. 5000.
Compute gross total income of Dr. Dinesh for the Assessment Year 2020-21, if he is:
i.Resident
ii. Not ordinarily resident
iii. Non-resident
5. Aditi went first time out of India to Japan on 10 th December, 2013. She came back
to India from Japan on 1st April 2015. On 15th October, 2017 she went to America and
came back to India on 1 st April, 2018. In the Previous Year 2019-20, she was in India
for only 62 days.
She has the following incomes in the Previous Year 2019-20:
i.Capital gains on the sale of property received in India Rs. 450000. The property is
situated in Japan 50% of CG was sent to Japan.
ii. Income from House Property situated in Japan Rs. 252000, 50% was received in
India and remaining was deposited there in the bank.
iii. Profit of a business situated in America Rs. 840000 (This business was controlled
from India).
Sudhansu Sir Unit-III Disha College
iv. Dividend from an American company Rs. 250000 of this 40% was received in
India remainder at Japan.
You are required to determine the residential status of Aditi for the Previous Year
2019-20 and on the basis of residential status determine her Taxable Income.
6. Kundan Khan is an India citizen. He went out of India on 15 th Aug. 2019 for a
service in a company in Japan and came back to India on 1 st March, 2020 to meet his
family. During the previous year his details of receipts were as follows:
i. Income from salary in Japan Rs. 160000 (computed).
ii. Interest on debenture of an Indian company received in Japan Rs. 18000 (gross).
iii. Taxable income from house property in Rajasthan Rs. 18500.
iv. Dividend on shares of foreign company Rs. 7500, received out of India.
v. Agricultural income, land situated in Rajasthan Rs. 13500.
vi.Interest received from a firm in Japan, remitted to India Rs. 9200.
vii. Income from business in Rajasthan
a. From 1st April 2019 to 31st July 2019 Rs. 48000.
b. From 1st August to 31st March 2020 Rs, 60000.
viii. Payment from Public Provident Fund Rs. 10000.
ix.Income from Indian Partnership firm Rs. 20000.
x. Dividend from Indian Company Rs. 5000(Gross).
xi.Indian Agricultural income Rs. 12000.
Determine his Residential status and Gross Total Income.