TMI BlogResidence in IndiaX X X X Extracts X X X X X X X X Extracts X X X X ..... dia in any previous year 3 [ as a member of the crew of an Indian ship as defined in clause ( 18 ) of section 3 of the Merchant Shipping Act, 1958 (44 of 1958), or ] for the purposes of employment outside India, the provisions of sub-clause ( c ) shall apply in relation to that year as if for the words sixty days , occurring therein, the words one hundred and eighty-two days had been substituted ; ( b ) being a citizen of India, or a person of Indian origin within the meaning of Explanation to clause ( e ) of section 115C, who, being outside India, comes on a visit to India in any previous year, the provisions of sub-clause ( c ) shall apply in relation to that year as if for the words sixty days , occurring therein, the words ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ol and management of its affairs is situated wholly outside India. 9 [ (3) A company is said to be a resident in India in any previous year, if- (i) it is an Indian company; or (ii) its place of effective management, in that year, is in India. Explanation .-For the purposes of this clause place of effective management means a place where key management and commercial decisions that are necessary for the conduct of business of an entity as a whole are, in substance made. ] ( 4 ) Every other person is said to be resident in India in any previous year in every case, except where during that year the control and management of his affairs is situated wholly outside India. ( 5 ) If a person is resident in India in a prev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oreign sources means income which accrues or arises outside India (except income derived from a business controlled in or a profession set up in India). 15 [ and which is not deemed to accrue or arise in India. ] ] . ] ************ Notes :- 1. Omitted by the Finance Act, 1982, w.e.f. 1-4-1983. 2. Substituted by the Direct Tax Laws (Second Amendment) Act, 1989, w.e.f. 1-4-1990. Original Explanation was inserted by the Finance Act, 1978, w.e.f. 1-4-1979 and later amended by the Finance Act, 1982, w.e.f. 1-4-1983. 3. Inserted by the Finance Act, 1990, w.e.f. 1-4-1990. 4. Substituted for fifty by the Finance Act, 1994, w.e.f. 1-4-1995. 5. Substituted by the Finance Act, 2003, w.e.f. 1-4-20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Act, 2015 was removed vide Finance Act, 2016 therefore, the provisions before amendment vide Finance Act 2015 would remain in force between 1.4.2016 to 1.4.2017] 8 [ (3) A company is said to be resident in India in any previous year, if- (i) it is an Indian company; or (ii) its place of effective management, in that year, is in India. Explanation.-For the purposes of this clause place of effective management means a place where key management and commercial decisions that are necessary for the conduct of the business of an entity as a whole, are in substance made. ] 10. Substituted vide Finance Act, 2020 dated 27-03-2020 w.e.f. 01-04-2021 before it was read as substituted 11. Inserted vide Finance Act, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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