Under section 6(1), an individual is said to be resident in India in any previous year, if he satisfies
Any one of the following conditions:
(i) He has been in India during the relevant previous year for a total period of 182 days or more, or
(ii) He has been in India during the 4 years immediately preceding the relevant previous year for a total period of 365 days or more and has been in India for at least 60 days in the relevant previous year.
If both the above conditions are not satisfied, the individual is a non-resident.
Exceptions:
The following categories of individuals will be treated as resident in India only if the period of their stay during the relevant previous year amounts to 182 days or more. The condition of presence in India for 60 days or more in the relevant previous year is not applicable for such individuals.
(i) Indian citizen, who leaves India during the relevant previous year as a member of the crew of an Indian ship or for purposes of employment outside India, or
(ii) Indian citizen or person of Indian origin who, being outside India comes on a visit to India during the relevant previous year.
However, such person having total income, other than the income from foreign sources
[i.e., income which accrues or arises outside India (except income from a business controlled from or profession set up in India) and which is not deemed to accrue or arise in India],
exceeding 15 lakhs during the previous year will be treated as resident in India if –
– The period of his stay during the relevant previous year amounts to 182 days or more, or
– he has been in India during the 4 years immediately preceding the previous year for a total period of 365 days or more and has been in India for at least 120 days in the previous year.
Note – Stay in India for 120 days in the relevant P.Y. is not a standalone condition. This condition requires a stay in India for 120 days in the relevant P.Y. + 365 days in the 4 years immediately preceding the P.Y.