On the Basis of Residential Status

Transcription

1 Scope of total income (Section 5) This section has divided the scope of total income into 3 different cases (a) Resident and ordinarily resident (ROR) (b) Resident but not ordinarily resident (RNOR) (c) Non resident On the Basis of Residential Status In case of resident and ordinarily resident (ROR) The total income of any previous year of a person who is a resident and ordinarily resident includes all income from whatever source derived and which (a) is received or is deemed to be received in India in such P.Y. by or on behalf of such person; or (b) accrues or arises or is deemed to accrue or arise to him in India during such P.Y; or (c) accrues or arises to him outside India during such P.Y derived from a business controlled in or a profession set up in India or anywhere else. B.COM(H), FCA, ISA, IFRS(DIPLOMA) Page 1

2 In case of resident but not ordinarily resident (RNOR) The total income of any previous year of a person who is a resident but not ordinarily resident includes all income from whatever source derived which (a) is received or is deemed to be received in India in such P.Y. by or on behalf of such person; or (b) accrues or arises or is deemed to accrue or arise to him in India during such P.Y. or (c) accrues or arises to him outside India during such P.Y., derived from a business controlled in or a profession set up in India. In case of Non Resident (NR) The total income of any previous year of a person who is a resident but not ordinarily resident includes all income from whatever source derived which (a) is received or is deemed to be received in India in such P.Y. by or on behalf of such person; or (b) accrues or arises or is deemed to accrue or arise to him in India during such P.Y. Note: Income taxable on one basis cannot be taxed on other basis. Like, if income got taxed on accrual basis, then same cannot be taxed on receipt basis. CHART OF TAX INCIDENCE Particulars of Income Resident Resident but not Ordinarily Resident I. IN INDIA Non Resident 1. RECEIVED - Income received in India whether accrued in India or outside India. - Income deemed to be received in India whether accrued in India or outside India 2. ACCURAL IN INDIA - Income accruing or arising in India whether received in India or outside India. - Income deemed to accrue or arise in India, whether received in India or outside India. B.COM(H), FCA, ISA, IFRS(DIPLOMA) Page 2

3 II. OUTSIDE INDIA - Income received and accrued outside India from a business controlled or profession set up in India. No - Any other Income No No Residential Status (Section 6) According to Section 5, taxability of a person depends upon its residential status. Therefore it is important to ascertain the residential status of a person to find out which income will be taxable in India under this Act. Section 6 guide us how to determine the residential status of a person. Steps for Determining residential status Step 1 Step 2 First find out whether a person is resident or non resident If a person is resident, than find out whether it is ROR or RNOR Note: Only individuals and HUF can be RNOR; rest all other persons can be only resident (ROR) or non resident B.COM(H), FCA, ISA, IFRS(DIPLOMA) Page 3

4 Residential Status of Individuals Who is a resident in India? An individual is said to be resident in India in any P.Y, if he Condition 1 Condition 2 is in India in that year for a period or periods amounting in all to 182 days or more ; OR is in India for a period or periods amounting in all to 60 days or more in that PY AND having within the 4 years preceding that PY been in India for a period or periods amounting in all to 365 days or more If an individual does not satisfy any of the above stated 2 conditions, he/she will be said to be a Non-resident. Special cases WHERE ONLY CONDITION IS APPLICABLE I. In the case of an individual, (a) being a citizen of India, o who leaves India in any previous year as a member of the crew of an Indian ship or for the purposes of employment outside India, o only condition (i) will be applicable; (b) being a citizen of India, or a person of Indian origin o who, being outside India, comes on a visit to India in any previous year, o only condition (i) will be applicable This case states about exclusion of no. of days, II. In the case of an individual, being a citizen of India, Member of Crew of foreign bound ship leaving India, o the period of stay in such Eligible voyage will be not considered while calculating above number of days B.COM(H), FCA, ISA, IFRS(DIPLOMA) Page 4

5 The period referred to in sub-rule (1) shall be the period beginning on the date entered into the Continuous Discharge Certificate in respect of joining the ship by the said individual for the eligible voyage and ending on the date entered into the Continuous Discharge Certificate in respect of signing off by that individual from the ship in respect of such voyage. Here, (a) "Continuous Discharge Certificate" shall have the meaning assigned to it in the Merchant Shipping (Continuous Discharge Certificate-cum-Seafarer's Identity Document) Rules, 2001 made under the Merchant Shipping Act, 1958 (44 of 1958); (b) "eligible voyage" shall mean a voyage undertaken by a ship engaged in the carriage of passengers or freight in international traffic where (i) for the voyage having originated from any port in India, has as its destination any port outside India; and (ii) for the voyage having originated from any port outside India, has as its destination. Points to remember - a person is deemed to be of Indian origin if o he, or o either of his parents (mother or father or both), or o any of his grandparents (parents of mother or parents of father) was born in undivided India - The residential status of an individual for tax purposes is neither based upon nor determined by his citizenship, nationality and place of birth or domicile. - The residential year of each year shall be determined in every previous year. - The period of stay required in each of the conditions need not necessarily be continuous or consecutive nor is it stipulated that the stay should be at the usual place of residence, business or employment of the individual. - It is not necessary that person would stay in same place; it can be any place in India. Who is a resident but not ordinarily resident in India (ROR)? [Section 6(6)] An individual is said to be not ordinarily resident in India in any previous year if Condition 1 Condition 2 He/she has been a non-resident in India in 9 out of the 10 previous years preceding that PY OR has during the 7 previous years preceding that PY been in India for a period of, or periods amounting in all to, 729 days or less B.COM(H), FCA, ISA, IFRS(DIPLOMA) Page 5

6 Thus an individual is said to be ordinarily resident in India in any previous year if :- Condition 1 Condition 2 He/she has been a resident in India in 2 out of the 10 previous years preceding that PY AND He/she has been in India for 730 days or more during the 7 previous years preceding that PY Practical Problems Determine the Residential Status Ques1. Mrs. Clinton, an American citizen comes to India for the first time in previous year for 120 days. During the following year he stayed in India: Ques2. Indian citizen and Business man Shri Raj Gopal, who resided in Jaipur, went to Germany for purposes of employment on and came back to India on He has never out of India before it. Determine his Residential Status for the Asstt Year What if, he has gone for his leisure trip? Ques3. R an Indian citizen left India for the first time on for employment in Germany. During the previous year he comes to India on for 150 days. Determine the Residential Status of R. Ques4. K was born in Lahore in 1946, he has been staying in England since He comes to visit on and returns on Determine its residential status on assessment year Ques5. K was born in England in His Father had been born in America in K Grandfather had been born in Lahore Will K be a resident in India, if he made visits to India for 180 days every year? Determine his residential during the previous year Ques6. During the previous year , K a foreign citizen, stayed in India for just 69 days. Determine his residential status for the assessment year on the basis of following information. B.COM(H), FCA, ISA, IFRS(DIPLOMA) Page 6

7 - During 14-15, he was not present in India but during he came to India for 276 days. - During 12-13, K was present in India for 90 days. - During & , K was in India for 389 days & 348 days respectively. - Earlier 10-11, he had been equally coming to India for 100 days every year. Residential Status of HUF Who is a resident in India (ROR)? (sub-section 2) A Hindu undivided family, firm or other association of persons is said to be resident in India in any previous year in every case except where during that year the control and management of its affairs is situated wholly outside India. Meaning of Place of control and management It is the place from decisions and directions are issued but not the places where from the business is carried on. In case of H.U.F.: (a) In the case of a H.U.F., the control and management of its affairs is normally said to be from the place where the karta resides and issues directions. (b) There may be chances that HUF is managed by member or co parceners, in that case we will not considered the place where the karta resides and issue directions. For e.g. A & Sons (HUF) is managed by the Mr.S, elder son of Mr.A who is Karta of A & Sons (HUF), due to his age factor. Now, Place of Mr. S will be considered for determining the place of control and management. Who is a resident but not ordinarily resident in India (ROR)? (sub-section 6) A HUF is said to be not ordinarily resident in India in any previous year if Condition 1 Condition 2 Its Karta has been a non-resident in India in 9 out of the 10 previous years preceding that PY OR Its Karta has, during the 7 previous years preceding that PY, been in India for a period of, or periods amounting in all to, 729 days or less If the control and management of the affairs of a HUF is Residential Status 1. Wholly or partly in India Resident 2. Wholly outside India Non-resident B.COM(H), FCA, ISA, IFRS(DIPLOMA) Page 7

8 Note: Where, during the last ten years the karta s of the H.U.F. had been different from one another, the total period of stay of successive karta s of the same family should be aggregated to determine the residential status of the karta s and consequently the H.U.F. The residential status of the members of HUF is generally irrelevant for determining the residential status of the HUF Practical Problems Ques1. During the previous year 15-16, Sachin Kumar & sons (HUF) was partly controlled from India by its Karta, who is a citizen of India but stay outside India. For the purpose of managing the affairs of the HUF, Sachin Kumar has been regularly visiting India. Determine the residential status of the HUF for the assessment year in following cases :- - Sachin Kumar has been visiting India for 100 days for the last 12 years - Sachin Kumar has been visiting India for 110 days for the last 12 years. - Sachin Kumar has been visiting India for the last 12 years. During last 4 previous years he stays for 50 days and earlier 200 days. Residential Status of Firm or AOP or AJP Who is a resident in India (ROR)? (Sub-Section 2) A firm or other association of persons is said to be resident in India in any previous year in every case except where during that year the control and management of its affairs is situated wholly outside India. If the control and management of the affairs of a Residential Status FIRM/AOP/LLP Every other Person [other than Individual, HUF & Company] 1. Wholly or partly in India Resident 2. Wholly outside India Non-resident Place of Control And Management Person In-charge 1. Partnership Firm Active Partners 2. Limited Liability Partnership Designated Partners 3. Association of Person Head of Governing Body 4. Artificial Judicial Person Head of Governing Body B.COM(H), FCA, ISA, IFRS(DIPLOMA) Page 8

9 Residential Status of company Who is a resident in India (ROR)? (Sub-Section 3) A company is said to be resident in India in any previous year, if (i) it is an Indian company ; or (ii) Its place of effective management, in that year, is in India. 1. Indian company Resident 2. Other Companies- Control and management of the affairs of a company is: (a). Wholly in India Resident (b). Wholly or partly outside India Non-resident Note: POEM is the place where key management and commercial decision that are necessary for the conduct of the business of an entity as a whole, are in substance made. After deciding the Residential Status, we will establish connection of Income with India, as summarized in Section 5. Particulars ROR RNOR NR In India Earn - Accure or arise in India - Deemed to accure or arise in India [ Section 9] Received - received in India - Deemed to receive in India [ Section 7] Outside India - Business or Profession controlled from India - Any other Source Income Accrue/Arise or Due Not Not Not Accrue refers to the right to receive income, whereas due refers to the right to enforce payment of the accrued income. Therefore, income can be said to be accrue when it becomes due. For example Interest on FDR accrues every day, but will become due on the maturity of the FDR. Income deemed to accrue or arise in India (Section 9) This section refer all those Income are covered which are deemed to accrue or arise in India. B.COM(H), FCA, ISA, IFRS(DIPLOMA) Page 9

10 (i) Any income accruing or arising to an assessee at any place outside India, whether directly or indirectly,: - through or from any business connection in India, - through or from any property in India, - (Rental Income) - through or from any asset or source of income in India, (Dividend) - through the transfer of a capital asset situated in India. (Capital Gain) Business connection includes all the activities carried out through a person who, acting on behalf of the non-resident like:- a) Person habitually exercises, an authority to conclude contracts except purchase of goods for exports b) Having no authority as stated above, but habitually maintains a stock of goods and makes regular delivery of products on behalf of the non resident. c) Habitually secures order in India, mainly or wholly for the non resident or for that non resident or other non resident subject to common control of non resident NOTE An asset or a capital asset being any share or interest in a company or entity registered or incorporated outside India shall be deemed to be and shall always be deemed to have been situated in India, if the share or interest derives, directly or indirectly, its value substantially from the assets located in India. When asset deemed to be gets its value derived from India, i. When the value of asset of the entity (a) Exceed Rs. 10 Crore AND (b) At least 50% of total of the asset On Specific Date ii. Specific Date As on date of Transfer (15% increase in the value of BV of asset as on last date of Accounting period) Or As on last date of accounting period before the date of transfer. iii. Accounting period (a) Ending on 31 st March (b) But if different 12 month period is considered by entity to comply with statutory requirement then same can be taken. Exception to above rule i. In case asset are directly owned by the company or entity and there is no right to management or control or holding voting powers or share capital or interest B.COM(H), FCA, ISA, IFRS(DIPLOMA) Page 10

11 exceeding 5% of total voting power or share capital or interest during last 12 months prior to the transfer. ii. In case asset are Indirectly ( along with its associated enterprise) owned by the company or entity and there is no right to management or control or holding voting powers or share capital or interest exceeding 5% of total voting power or share capital or interest during last 12 months prior to the transfer. Exception to Deemed to be Earn Income not deemed to accrue/arise in India (a) in the case of a business of which all the operations are not carried out in India, o the income of the business shall not be deemed to accrue or arise in India to extent the operations of such business carried outside in India; (b) in the case of a non-resident, o no income shall be deemed to accrue or arise in India to him through or from operations which are confined to the purchase of goods in India for the purpose of export ; (c) in the case of a non-resident, o being a person engaged in the business of running a news agency or of publishing newspapers, magazines or journals, o no income shall be deemed to accrue or arise in India to him through or from activities which are confined to the collection of news and views in India for transmission out of India; (d) in the case of a non-resident, being (1) an individual who is not a citizen of India ; or (2) a firm which does not have any partner who is a citizen of India or who is resident in India ; or (3) a company which does not have any shareholder who is a citizen of India or who is resident in India, no income shall be deemed to accrue or arise in India to such individual, firm or company through or from operations which are confined to the shooting of any cinematograph film in India. (ii) Income, which falls under the head Salaries, if it is earned in India i.e. if services are rendered in India. B.COM(H), FCA, ISA, IFRS(DIPLOMA) Page 11

12 Note: - Any income under the head Salaries payable for rest period or leave period which is preceded and succeeded by services rendered in India, and forms part of the service contract of employment, shall be regarded as income earned in India. (iii)income from Salaries which is payable by the Indian Government to a citizen of India for services rendered outside India (However, allowances and perquisites paid outside India by the Government are exempt). (iv) Dividend paid by an Indian company outside India. (v) Income by way of interest payable by (a) the Government ; or (b) a person who is a resident, (except where the interest is payable in respect of any debt incurred, or moneys borrowed and used, for the purposes of a business or profession carried on by such person outside India or for the purposes of making or earning any income from any source outside India) ; or (c) a person who is a non-resident, where the interest is payable in respect of any debt incurred, or moneys borrowed and used, for the purposes of a business or profession carried on by such person in India. (vi) Income by way of royalty payable by (a) the Government; or (b) a person who is a resident, (except where the royalty is payable in respect of any right, property or information used or services utilised for the purposes of a business or profession carried on by such person outside India or for the purposes of making or earning any income from any source outside India); or (c) a person who is a non-resident, where the royalty is payable in respect of any right, property or information used or services utilised for the purposes of a business or profession carried on by such person in India or for the purposes of making or earning any income from any source in India. B.COM(H), FCA, ISA, IFRS(DIPLOMA) Page 12

13 (vii) Income by way of fees for technical services payable by (a) the Government ; or (b) a person who is a resident, (except where the fees are payable in respect of services utilised in a business or profession carried on by such person outside India or for the purposes of making or earning any income from any source outside India); or a person who is a non-resident, where the fees are payable in respect of services utilised in a business or profession carried on by such person in India or for the purposes of making or earning any income from any source in India. Particulars Interest Payable Royalty Payable Fees for Technical Services - Govt. Deemed to be Income Deemed to be Income Deemed to be Income - Resident Deemed to be Income Except - Money Borrowed used outside India - Business or Profession /Other Source Deemed to be Income Except - Right are used outside India - Business or Profession /Other Source Deemed to be Income Deemed to be Income Except - Services are used outside India - Business or Profession /Other Source - Non Resident Deemed to be Income If :- - Money Borrowed used In India - Business/Prof ession Deemed to be Income if :- - Right are used in India - Business or Profession /Other Source Deemed to be Income if :- - Services are used in India - Business or Profession /Other Source Income received - Only 1 st receipt amounts to income. - Income should be received during the relevant previous year - Income must be received in India - Receipt may be actual or constructive (accrual). B.COM(H), FCA, ISA, IFRS(DIPLOMA) Page 13

14 Income not actually received but deemed to be received - All sum deducted by way of tax at source - Income of other persons which are included in the income of the assessee under Section 60 to 64 - Amount of unexplained or unrecorded investments (section 69) - Amount of unexplained or unrecorded moneys (section 69A) Deemed to be received (Section 7) Income deemed to be received means, the income which has not actually been received, but it is deemed to be received under this Act. The following incomes shall be deemed to be received in the previous year: - the annual accretion to the account of employee participating in a recognised provident fund, i.e. o employer s contribution in excess of 12% of the salary of the employee; o interest credited at the rate in excess of 9.5% p.a. - taxable portion of transferred balance of un recognised provident fund; - employer s contribution to the account of employee under a notified pension scheme referred to in section 80CCD; Particulars SPF RPF URPF PPF 1.Employee s/assesse e s contribution 2. Employer s contribution Deduction u/s 80C is available from gross total income subject to the limit specified therein Fully exempt from tax Deduction u/s 80C is available from gross total income subject to the limit specified therein Exempt up to 12% of salary, Amount in excess of 12% is included in gross salary. No deduction u/s 80C is available Not exempt but also not taxable every year. For taxability see point 4 below Deduction u/s 80C is available from gross total income subject to the limit specified therein Not applicable as there is only assessee s own contributio n B.COM(H), FCA, ISA, IFRS(DIPLOMA) Page 14

15 3. Interest on Provident Fund 4. Repayment of lump sum amount on retirement/resignation /termination Fully exempt from tax Fully exempt u/s 10(11) Exempt u/s 10 up to 9.5% p.a. Interest credited in excess of 9.5% p.a. is included in gross salary Exempt subject to certain conditions. See Note 2. Not exempt but also not taxable every year. For taxability see point 4 below Accumulated employee s contribution is not taxable Accumulated employer s contribution+ interest on employer s contribution (till date) is taxable as profit in lieu of salary. Interest on employees contribution (till date) is taxable as income from other sources. Fully exempt Fully exempt. u/s 10(11) Practical Problems 1. The following are the particulars of Income of Sachin Kumar of Previous years Rent from a property in Delhi received in USA Income from a business in USA controlled from Delhi Income from a business in Bangalore controlled from USA Rent from a property in USA received there, later on remitted to India Interest from deposits with an Indian co. received in USA Profits for the year of business in USA remitted to India During previous year (not taxed earlier.) Gift received from his parents Determine its Income in case he is i) ROR ii) RNOR iii) NR B.COM(H), FCA, ISA, IFRS(DIPLOMA) Page 15

16 2. Mr. Kartar Singh earns the following of during the financial year : - Interest from an Indian Co. Received in Malaysia Pension from former employer in India received in Singapore Profits earned from a business in Paris which is controlled in India, half of the profits being received in India. - Income from agriculture in China and remitted to India Income from property in London received there Past foreign income bought to India Profits from business in Pakistan received in India Income from HP in Kuwait received in India Income from HP in Sri Lanka deposited in bank there Profits of business established in Sri Lanka deposited in bank, There business is controlled in India (out of , a sum of Rs is remitted in India) - Income from profit in India but received in England Profit earned from business in Chennai Income from of an England, it all spent on the end of children in London. Determine its Income in case he is i) ROR ii) RNOR iii) NR 3. During the previous year , Ranvijay, a foreign citizen, stayed in India for just 69 days. Determine his residential status for the assessment year on the basis of the following information: i. During , he was not present in India but during he came to India for 276 days. ii. During , Ranvijay was present in India for 90 days. iii. During and , Ranvijay was in India for 359 and 348 days respectively. iv. Earlier to he had been regularly coming to India for 100 days every year. 4. X is a citizen of Bangladesh. His grandmother was born in a village near Dhaka in He came to India for the first time since 1981 on for a visit of 190 days. Find out the residential status of X for the assessment year on the assumption that wife of X is a resident but not ordinarily resident in India for the same year. 5. Sanskar ltd, a German company, which is non-resident in India, earned the following incomes by way of fee for technical services. Advise about the taxability of such income in the hands of Sanskar ltd. in India: a) Govt. of India paid Rs. 2,00,000 under an agreement, to be used for a project in India. b) Amitabh ltd, an Indian company, paid Rs.3,00,000 for the know-how to be used in India. B.COM(H), FCA, ISA, IFRS(DIPLOMA) Page 16

17 c) Dharmender ltd, an Indian company, paid Rs for know-how acquired in Germany to be used in China. d) Jitender ltd, a non-resident company paid Rs for acquiring know-how to be used in India for carrying on certain manufacturing business. 6. During the financial year Kamal Kumar had the following income: a) Salary income received in India for services rendered in Sweden Rs b) Income from profession in India, but received in Hongkong Rs c) Property income in Uganda (out of which Rs was remitted to India.) Rs d) Profits earned from business in Bangalore. Rs e) Agricultural income in Kenya. Rs f) Profits from a business carried on at Nepal but controlled from India. Rs Compute the income of Kamal Kumar for the assessment year if he is resident and ordinarily resident, Not ordinarily resident, and Non-resident in India 7. Mr. Shikhar Dhawan earns the following income during the financial year : a) Income from house property in London, received in India b) Profits from business in Japan and managed from there (received in Japan) c) Dividend from foreign company, received in India d) Dividend from Indian company, received in England e) Profits from business in Kenya, controlled from India, profits received in Kenya. f) Profits from business in Delhi, managed from Japan g) Capital Gains on Transfer of shares of Indian companies, sold in USA and gains were received there. h) Pension from former employer in India, received in Japan i) Profits from business in Pakistan, deposited in bank there j) Profit on sale of asset in India but received in London k) Past untaxed profits of UK business of brought into India in l) Interest on Govt. securities accrued in India but received in Paris m) Interest on USA Govt. securities, recd. in India n) Salary earned in Bombay, but received in UK o) Income from property in Paris, received there (Presume all the above incomes are computed incomes) B.COM(H), FCA, ISA, IFRS(DIPLOMA) Page 17

18 Determine the gross total income of Mr. Shikhar Dhawan if he is - resident and ordinarily resident, - resident but not ordinarily resident, - non- resident in India, during the financial year Krishna Systems, Partnership firm, has an income of Rs.3 lakhs in India and income accruing/arising and also received abroad Rs.23 lakhs. It consists of two partners. Mr. Mohit Sharma who is in active partner, is staying outside India throughout the year. Mr. Nakul Sharma is a dormant partner and is staying in India throughout the year. Compute tax liability of the partnership firm in India for the assessment year Also compute tax liability of the firm if Mr. Nakul Sharma is also an active partner. 9. Punit Kumar, a foreign citizen (not being a person of India origin) came to India for the first time on 2 nd December, 2015 for a visit of 210 days. Punit Kumar had the following income during the previous year ended 31 st March, 2016: a) Salary (received in India for three months) b) Income from house property in London (received there) c) Amount brought into India out of the past-untaxed profit earned in Germany. d) Income from agriculture in Sri lanka, received and invested there e) Income from business in Nepal, being controlled from India f) Income from house property in USA received in USA (Rs. 76,000 is used in Canada for meeting the educational expenses of Punit s daughter and Rs. 10,000 is later on remitted in India) You are required to compute his total income for the assessment year Mr. David, a Government employee serving in the Ministry of External Affairs, left India for the first time on due to his transfer to High Commission of Canada. He did not visit India any time during the previous year He has received the following income for the Financial Year : S.No. Particulars ` Amount (i) Salary 5,00,000 (ii) Foreign Allowance 4,00,000 (iii) Interest on fixed deposit from bank in India 1,00,000 (iv) Income from agriculture in Pakistan 2,00,000 (v) Income from house property in Pakistan 2,50,000 Compute his gross total income for Assessment Year B.COM(H), FCA, ISA, IFRS(DIPLOMA) Page 18

19 11. Mr. Shyam, an Indian citizen, left India on for the first time to work as an officer of a company in UK. Determine the residential status of Ram for the assessment year and explain the conditions to be fulfilled for the same under the Income-tax Act, Miss Vineeta paid an amount of USD to Mr. K, a management consultant practising in UK, specializing in project financing. The payment was made in UK. Mr. Kulasekhara is a nonresident. The consultancy is related to a project in India with possible Ceylonese collaboration. Is this payment chargeable to tax in India in the hands of Mr. K, since the services were used in India? Question Asked in Examination Dec 2012 State the difference between the residential Status of a Company and that of Others. Dec 2009 A Company which has its head office in India operated in Pakistan declared dividend subject to remittance from Pakistan. During the previous year relevant to the Assessment year, the remittance could not be covered from Pakistan. What is the tax liability in the hands of Shareholder? Discuss June 2015 Mr. Bharat, an engineering graduate, born and bought up in India, got employment in USA in August By what date he should leave India, in order to become a non resident? By what date he should leave India, in order to become a non resident? By that Tax advantage he will get? December 2006 Y, a foreign citizen (not being a person of Indian Origin) comes to India, for the first time in the last 30 years on 20 March, On 1 st September 2015, he leaves India for Nepal on a business trip. He comes back on 26 Feb, Determine his residential Status under the Income Tax Act, 1961 for the assessment year December 2008 Kamlesh was working as crew member on an India Ship Plying in Foreign Waters. During the year ended , the ship did not touch the Indian Coast, except for 180 days. State the B.COM(H), FCA, ISA, IFRS(DIPLOMA) Page 19

20 residential status for the assessment year. State the residential status for the assessment year and taxability of his salary. December 2009 X got an employment in Singapore during the previous year He left for Singapore on August 9, He is an Indian Citizen. Determine the residential status for the Asstt year Dec 2010 Following are the details of income of Mr. Subramani for the Financial Year : Income from property in Srilanka remitted by the tenant to the assessee in India through SBI Profit from business in India Dividend form shares in Foreign Companies received outside India Interest on deposit in India Companies Loss from business in SriLanka ( whose control and management of business Wholly remained in India) Determine the total income in terms of the Income Tax Act, 1961 in the following situations: i. Resident and ordinarily resident of India ii. Resident but not ordinarily resident of India iii. Non Resident Dec 2015 X Limited is an Indian Company, however it carries on business in USA. All the shareholders are resident of USA. The Board Meetings and Annual General Meeting are held outside India. What is the Residential Status of X Limited? Mr. Dravid, a citizen of Spain came to India for the first time in previous year and stayed for 100 days in that year. During the previous year , and , he stayed in India for 120 days, 110 days, 80 days and 90 days respectively. What is the residential Status of Mr. Dravid for the assessment year ? B.COM(H), FCA, ISA, IFRS(DIPLOMA) Page 20