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The ITAT ruled that an assessee who stayed outside India for 210 days (182 days for employment and 28 days seeking employment) qualified as a non-resident under section 6 of the Act. The Tribunal determined that going abroad "for the purpose of employment" includes both actual employment and searching for employment. Following precedent from Suresh Nanda cases, the ITAT held that residential status depends solely on the number of days stayed in India, with non-resident status applying when stay is less than 182 days. The assessee's foreign income was therefore exempt from Indian taxation, as the Department failed to prove the foreign visits were for purposes other than employment. The appeal was allowed and the addition deleted.
The ITAT ruled that an assessee who stayed outside India for 210 days (182 days for employment and 28 days seeking employment) qualified as a non-resident under section 6 of the Act. The Tribunal determined that going abroad "for the purpose of employment" includes both actual employment and searching for employment. Following precedent from Suresh Nanda cases, the ITAT held that residential status depends solely on the number of days stayed in India, with non-resident status applying when stay is less than 182 days. The assessee's foreign income was therefore exempt from Indian taxation, as the Department failed to prove the foreign visits were for purposes other than employment. The appeal was allowed and the addition deleted.
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