Section 6(6)(a),(b): RNOR-Individual & HUF under Income Tax Act, 1961

By | July 7, 2015

Section 6 of Income Tax Act, 1961 clarifies various doubts that arise in regard to the residential status.

  • According to Tax Law, ‘residence’ does not merely mean the place where the person is residing but also his animus (ambition) and his conduct must prove his intention.
  • The residence status is determined based on his residence period in India or his previous year and not according to the assessment year.
  • The terms citizen, nationality and domicile are different to residential status in the charging section.

Types of Residential Status:

  1. Resident and Ordinarily Resident
  2. Resident and Not-Ordinarily Resident
  3. Not Resident

The burden of proof about the status of resident or non-resident lies on the assessee only.

Reference:

As per Income Tax Act, 1961-

6(6). A person is said to be “not ordinarily resident” in India in any previous year if such person is—

(a)  an individual who has been a non-resident in India in nine out of the ten previous years preceding that year, or has during the seven previous years preceding that year been in India for a period of, or periods amounting in all to, seven hundred and twenty-nine days or less; or

(b)  a Hindu undivided family whose manager has been a non-resident in India in nine out of the ten previous years preceding that year, or has during the seven previous years preceding that year been in India for a period of, or periods amounting in all to, seven hundred and twenty-nine days or less.

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