Manisha is a research scholar pursuing her PhD. She is unmarried and her parents are living in Ahmedabad, Gujarat. Her parental grandparents and…

CA Intermediate · Taxation · MTP · May 2025
Manisha is a research scholar pursuing her PhD. She is unmarried and her parents are living in Ahmedabad, Gujarat. Her parental grandparents and other family relatives are staying in South Africa. She was in India with her parents till May 2020. After then, she went to London for further education. In October 2023, she returned to India. On 28th March 2024, she travelled out of India to Johannesburg, in South Africa, for her research project and Khadi business exhibitions. She returned on 1st October 2024 to participate in the 155th Birth Anniversary Celebrations of Mahatma Gandhi. In this connection, she attended numerous events held all over India, while also holding exhibitions for her textile business in ‘Khadi - the fabric that breathes, the livery of freedom' as showcased by Mahatma Gandhi. She won accolades and awards, gifts and donations in the course of showcasing her work. You have been provided with the following data in respect of her receipts and income for the F.Y. 2024-25 S. No. Details Amount (₹) 1. Scholarship for pursuing her research work 4,80,000 2. Gross receipts from exhibitions held in South Africa in collaboration with the leading Fashion House 10,00,000 3. Gross receipts from exhibitions held in India 12,00,000 4. Gross receipts from sale of Honey in the exhibitions in India 1,05,000 5. Gross receipts from sale of Handmade Khadi designer fashion accessories and other Khadi stationery products 2,25,000 6. Gift from father's sister whom she visited in Johannesburg, South Africa 51,000 7. Cash gifts received from friends in 'Gandhi Gujarat Seva Samaj' with whom she stayed while in Johannesburg, South Africa. 27,000 8. Received share of income from the HUF 22,000 9. Cost of material for exhibitions held in South Africa and India -12,00,000; Cost of Handmade Khadi designer fashion accessories and other Khadi stationery products -1,00,000; Other eligible Business expenses -4,00,000; Cost of Honey purchased for sale in the exhibitions in India - 55,000. 10. Mr. Patel of South Africa gave her a cheque of 5,00,000 favouring 'Gandhi Smarak Trust' as donation to the Trust. She was requested to hand over the cheque to the Trust's office at Ahmedabad. Notes: Manisha does not manufacture any of the Khadi products. She sourced all the Khadi materials, accessories, products and honey from suppliers of such items.All financial transactions are carried out in account payee cheques and TDS has been deducted, wherever applicable.Her paternal grandfather is the Karta of the family HUF. Her paternal grandfather comes on visit in India for 6 months every year since 2014. The HUF is managed outside India and all decisions regarding the HUF are made outside India.Manisha has opted out of the default tax regime under section 115BAC. From the information given above, choose the most appropriate answer to the following questions -
(A) Resident and ordinarily resident
(B) Resident but not ordinarily resident
(C) Non-resident
(D) Deemed resident

Suggested Answer and Working Notes:

Correct Answer: Option (C)

Non-resident

Topics: Paper 3A: Income Tax Laws

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