Person resident in India definition under FEMA clarifies residence criteria and key exceptions for employment and business abroad. The person resident in India is defined by physical presence-residence exceeding one hundred and eighty-two days in the preceding financial year-subject to exclusions for those who go or stay outside India for employment, business or other purposes indicating an intention to remain abroad, and for those who come to or stay in India otherwise than for employment, business or purposes indicating an intention to remain in India. The definition further includes persons or bodies corporate registered or incorporated in India, offices branches or agencies in India owned or controlled by non-residents, and offices branches or agencies outside India owned or controlled by residents.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Person resident in India definition under FEMA clarifies residence criteria and key exceptions for employment and business abroad.
The person resident in India is defined by physical presence-residence exceeding one hundred and eighty-two days in the preceding financial year-subject to exclusions for those who go or stay outside India for employment, business or other purposes indicating an intention to remain abroad, and for those who come to or stay in India otherwise than for employment, business or purposes indicating an intention to remain in India. The definition further includes persons or bodies corporate registered or incorporated in India, offices branches or agencies in India owned or controlled by non-residents, and offices branches or agencies outside India owned or controlled by residents.
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