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Residential Status Under Income Tax Act: 10 plus 4 Case Studies Explained Simply

Case 1: Rohan – Overseas Work Assignment
Rohan, an Indian citizen, works for a multinational company and is deputed to Singapore. He spends 200 days in Singapore and 165 days in India.
• Income: ₹25 lakhs from India, SGD 60,000 from Singapore.
• Residential Status:
o Under Income Tax Act: He fails both conditions (182 days or 60+365 rule).
o Result: Non-Resident (NR)
o Income to be taxed in India: Only Indian income is taxable.
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Case 2: Pooja – NRI Visiting India Frequently
Pooja, based in the USA, visits India for 190 days.
• Income: ₹10 lakhs rental from Mumbai property.
• Residential Status:
o Meets 182-day rule → Resident
o Fails ROR conditions (not in India for 2/10 years or 730 days in 7 years)
o Result: Resident but Not Ordinarily Resident (RNOR)
o Income to be taxed in India: Only Indian income taxable.
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Case 3: Arjun – Student Moving Abroad
Arjun moves to Canada for studies, spending 120 days in India.
• Income: ₹5 lakhs interest from Indian FDs.
• Residential Status:
o Fails both basic conditions
o Result: Non-Resident (NR)
o Income to be taxed in India: Only Indian income taxable.
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Case 4: Neha – Dual Residency
Neha runs a business in Dubai, spends 185 days in India.
• Residential Status:
o Meets 182-day rule → Resident
o Fails ROR conditions
o Result: RNOR
o Income to be taxed in India: Indian income taxable; Dubai income exempt.
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Case 5: Manoj – Returning Sailor
Manoj, a crew member on an Indian ship, returns to India permanently.
• Stay: 90 days on visit, then permanent return.
• Residential Status:
o Visit: Explanation 1(b) applies → 182-day rule
o Permanent return: Explanation doesn’t apply
o Result: Resident if total stay ≥182 days; else NR.
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Case 6: Rajesh HUF
Karta has been resident for 3/10 years and stayed 800 days in 7 years.
• Residential Status:
o HUF is Resident and Ordinarily Resident (ROR)
o Income to be taxed in India: Global income taxable.
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Case 7: Dr. Iyer – Profession Set Up in India
Dr. Iyer moves to UAE but manages his Indian clinic remotely.
• Stay: 140 days in India
• Income: ₹13 lakhs from Indian patients, ₹2 lakhs from UAE
• Residential Status:
o Fails basic conditions → NR
o Income to be taxed in India: Indian income taxable; UAE income exempt.
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Case 8: Foreign Company with POEM in India
A foreign company with turnover > ₹50 crore has its key decisions made in India.
• Residential Status:
o POEM in India → Resident
o Income to be taxed in India: Global income taxable.
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Case 9: Jyotinder – Self-Employed Golfer
Jyotinder earns abroad as a professional golfer.
• Residential Status:
o Self-employment abroad counts as “employment”
o Explanation 1(a) applies → 182-day rule
o Result: NR if <182 days in India.
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Case 10: Abdul Wahid – Business Abroad
Abdul starts a business abroad, not salaried.
• Residential Status:
o “Employment” includes self-employment
o Explanation 1(a) applies
o Result: NR if <182 days in India.

There are Four more case studies on taxability of Income in INDIA based on residential status:


Case Study 1: Rahul Verma – NRI Returning to India

Rahul Verma has been living in Dubai since 2015, working for a logistics company. He visited India every year for 30–40 days to meet family. In FY 2024–25, Rahul returned to India permanently on 1st September 2024.


Case Study 2: Priya Sharma – Freelance Consultant Abroad

Priya Sharma lives in Bengaluru and took up a 6-month consultancy project in Germany starting 1st October 2024. She earned in Euros and stayed abroad until 1st April 2025.


Case Study 3: Anil Mehta – Seafarer’s Dilemma

Anil Mehta works on international cargo ships. He was on duty offshore from 15th May 2024 to 28th February 2025.


Case Study 4: Meena Iyer – Entrepreneur Splitting Time Between India & Singapore

Meena runs a tech startup in Chennai and launched a Singapore branch in July 2024. She stayed in India for 160 days during FY 2024–25.


 

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