Ravi, an Indian citizen, works as a software engineer for an international company. During the previous financial year (2023-2024), Ravi resided in…
CA Intermediate · Corporate and Other Laws · RTP · January 2025
Ravi, an Indian citizen, works as a software engineer for an international company. During the previous financial year (2023-2024), Ravi resided in India for 200 days. However, in April of the current financial year, he accepted a job offer in Canada and left India with a long-term work visa, planning to settle in Canada indefinitely. Analyse the residential status of Ravi for the financial year 2024-2025, as per the provisions of the Foreign Exchange Management Act, 1999.
Suggested Answer and Working Notes:
As per section 2 (v) of the Foreign Exchange Management Act, 1999, the term 'person resident in India' means the following entities: A person who resides in India for more than 182 days during the preceding financial year. The following persons are not persons resident, in India even though they may have resided in India for more than 182 days. A. A person who has gone out of India or stays outside India for any of the three purposes given below, B. A person who has come to or stays in India otherwise than for any of the three purposes given below; Three Purposes (1) For or on taking up Employment (2) For carrying on a business or Vacation (3) For any other purpose in such circumstances as would indicate stay for an uncertain period. Ravi's Residential Status: Ravi resided in India for more than 182 days in the preceding financial year, which would typically qualify him as a "person resident in India." However, his decision to leave India for long-term employment in Canada changes his status. According to the provision, a person who has left India for the purpose of employment abroad is not considered a "person resident in India" even if they meet the 182-day requirement. Thus, Ravi does not qualify as a resident for the current financial year.
Topics: The Foreign Exchange Management Act, 1999
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