CONTENT ASSESSEE TYPES OF ASSESSEE RESIDENTIAL STATUS (problem and solution)
Assessee Income tax is a certain percent of your income that you have to pay regularly to the government. MEANING The person who pay tax to the government in assessement year. The person who has been taxed to the previous year for income earned by him treated as assessee.
TYPES OF ASSESSEE ORDINARY REPRESENTATIVE / DEEMED ASSESSEE IN DEFAULT
ORDINARY ASSESSEE Ordinary assessee is an individual or group of person who pay tax to the government for income earned by him in the financial year. REPRESENTATIVE ASSESSEE Its means that the third party pay the tax for the person as a agent. DEEMED ASSESSEE Its is an individual who is put in a position to pay taxes for some other person by the legal authority. The legal hier of the property of person is passed it then the elder son has legal rights to have the property. ASSESSEE IN DEFAULT The assessee is failed to fulfill his legal duty of paying tax the employer is deemed to be an assessee to pay the tax.
RESIDENTIAL STATUS SEC 6(1)(A) SEC 6(1)(B) SEC 6(6) ORDINARY RESIDENT NOT ORDINARY RESIDENT NON RESIDENT
RESIDENTIAL STATUS RESIDENT An individual is said to be a resident for india. Atleast 182 days in current previous year U/S 6(1)(A). Atleast 60 days in current previous year and 365 days in 4 preceding previous year U/S 6(1)(A). Alteast 729 days are less in 7 preceding previous year U/S(6)(6 ). NOT ORDINARY RESIDENT An individual is not satisfy the condition and doesn’t fulfill the additional conditional conditional is set to be not ordinary resident. NON RESIDENT An individual residing abroad is non resident in financial year.
PROBLEM AND SOLUTION PROBLEM 1. Mr A an Indian citizen leaves for 1 st time on 1 st oct 2018 and comes back to India on 10 th march 2019. Out =1 st oct 2018 In = 10 th mar 2019 Sec 6(1)(A) Aleast 182 days in current year Assesseement year = 2018 to 2019 (Its starts from apr 1 and ends in mar 31) SOLUTION Apr=(30+may=31+jun=30+jul=31+aug=31+sep=30+oct=01) = 206 days Mr A stayed in India for more than 182 days i.e 206 days Hence he is the ordinary resident as per sec 6(1)(A).