RNOR status doubt

Dear Sir,
Good day.
I had maintained NRI status for last 25 years except in accounting year 2008-2009 I stayed in India for 187 days. However I took the advantage of the RNOR status and avoided paying tax on that year. Now I have retired and returned back to India on 28/03/2015. Kindly inform if I can claim for RNOR status for current financial year 2015-2016.
Asked 6 months ago in Income Tax from Kolkata, West Bengal
Dear Sir,

For the year 2015 - 16 your status shall be RNOR only.
From the year 2016 - 17 your status shall be resident.
Vishrut Rajesh Shah
CA, Ahmedabad
194 Answers
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Dear Sir,

You will be treated as RNOR for FY 2015-16.

Please find the explanation below:

A resident individual will be treated as resident and ordinarily resident in India during the year if he satisfies following conditions:

(1) He is resident in India for at least 2 years out of 10 years immediately preceding the relevant year.

(2) His stay in India is for 730 days or more during 7 years immediately preceding the relevant year.

A resident individual who does not satisfy any of the aforesaid conditions or satisfies only one of the aforesaid conditions will be treated as resident but not ordinarily resident.
Abhishek Dugar
CA, Mumbai
766 Answers
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No you cannot.
Shyam Sunder Modani
CA, Hyderabad
955 Answers
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Dear Sir,

No you cannot avail RNOR status since you are a resident in India for the FY 2015-16.

Trust this clarifies your query. 

Please feel free to call/ get back in case of any further clarifications. 

Thanking You. 

Regards,
Rohit R Sharma
BCOM, ACA, LLB-GEN, CERT. FAFP
Rohit R Sharma
CA, Mumbai
719 Answers
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Dear Sir,

Definition of RNOR is as below :

(6) A person is said to be "not ordinarily resident" in India in any previous year if such person is—

(a)  an individual who has been a non-resident in India in nine out of the ten previous years preceding that year, or has during the seven previous years preceding that year been in India for a period of, or periods amounting in all to, seven hundred and twenty-nine days or less

As your case falls into this category it will be RNOR
Vishrut Rajesh Shah
CA, Ahmedabad
194 Answers
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  Talk to Vishrut Rajesh Shah
Dear Sir,

As Per Sec-6(1) of income Tax Act 1961  you are satisfying one condition of 182 days. 

A person will be R NOR if he is not satisfied any one/Both condition(s) of Sec-6(6) i.e

1. You are resident in 2 year out of 10 Preceding previous year
 
2 You lived in India for a min 730 days in last 7 Preceding years

You are not satisfying  condition of section-6(6) . That is why you are R NOR.
Shiv Kumar Agarwal
CA, Delhi
197 Answers
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