Swetha, a citizen of India, is a chartered accountant. She is a working partner in Swetha and Varun Associates, which was set up in Chennai, India.…

CA Intermediate · Taxation · PYQS · September 2025
Swetha, a citizen of India, is a chartered accountant. She is a working partner in Swetha and Varun Associates, which was set up in Chennai, India. She visits foreign country A quite often and provides accounting services to corporates there in her individual capacity. In country A, she is not subject to any income tax. The details of her income for the financial year 2024-25 is as follows: (i) Remuneration from her CA firm in India (amount received in India) :16 lakhs (Deductible while computing the income of the firm) (ii) Income received from providing accounting services in country A (received in a bank account in country A) -5 lakhs (iii) Dividend (from companies incorporated in country A and received in a bank account in country A)-8 lakhs (iv) Income from a business in country A which was set up in country A but is controlled from Chennai, India (received in country A) -7 lakhs Ascertain her residential status (briefly explaining relevant provisions) along with the taxability of income for the assessment year 2025-26 in the following independent situations: (i) She did not visit India during the F.Y. 2024-25. (ii) She visits and stays in India for 200 days every year since 12 preceding previous years including F.Y. 2024-25. (iii) She did not visit India during the previous year 2024-25 and her income from profession in India is 4 lakhs for the financial year 2024-25, instead of 16 lakhs.

Suggested Answer and Working Notes:

(i) She did not visit India during the F.Y. 2024-25 Swetha is a citizen of India who is not liable to tax in Country A. She will be a deemed resident under section 6(1A) if her total income, other than the income from foreign sources, exceeds 15lakhs during the previous year. Computation of total income, other than the income from foreign sources Particulars ₹ Remuneration from CA firm as partner [Accrued or arisen in India] 16,00,000 Income from providing accounting services in Country A and received in Country A [Income from a foreign source, hence, to be excluded] - Dividend from companies incorporated in Country A and received in Country A [Income from a foreign source, hence, to be excluded] - Income from a business in Country A but controlled from Chennai (To be included since the business is controlled from India, even though such income accrued and received outside India) 7,00,000 Total income (excluding income from foreign sources) 23,00,000 Since Swetha has total income excluding income from foreign sources exceeding 15lakhs, she is a deemed resident and resident but not ordinarily resident in India by default. Her total income would be 23lakhs as computed above. (ii) She visits and stays in India for 200 days every year since 12 preceding years including F.Y. 2024-25 Swetha is a resident in India since she stayed in India for 182 days or more during the P.Y. 2024-25. She is a resident and ordinarily resident in India since her stay in 7 previous years immediately preceding the P.Y. 2024-25 exceeds 729 days and she is resident in 2 or more previous years out of 10 previous years preceding P.Y. 2024-25. In such case, her global income is taxable in India. Accordingly, her total income would be as follows: Particulars ₹ Remuneration from CA firm as partner 16,00,000 Income from providing accounting services in Country A and received in Country A 5,00,000 Dividend from companies incorporated in Country A and received in Country A 8,00,000 Income from a business in Country A but controlled from Chennai 7,00,000 Total income 36,00,000 (iii) She did not visit India during the P.Y. 2024-25 and her income from profession in India is 4lakhs instead of 16lakhs. In such case, Swetha's total income excluding income from foreign sources would be 11lakhs (4lakhs +7 lakhs) which is not exceeding 15lakhs. Accordingly, she will be a non-resident in India during the P.Y. 2024-25. Her total income would be 4lakhs comprising of income from profession only.

Topics: Paper 3A: Income Tax Laws

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