https://www.taxtmi.com/caselaws?id=68781 Exemption under section 5(1)(iib) of the Gift-tax Act depended on whether the assessee qualified as a "person resident outside India" under section 2(q) of FERA. The applicable residence test had to be taken from FERA itself, not from section 6 of the Income-tax Act, because the incorporated definition was to be applied according to its source statute unless the incorporating provision required otherwise. On the facts, the assessee's stay in India from 6-6-1997 satisfied the FERA residency test based on intention to stay for an uncertain period, so the Income-tax Act day-counting rule and any special gift-date cut-off were rejected. The exemption was therefore unavailable. en-us Fri, 25 Jan 2008 00:00:00 +0530 Sat, 15 Jun 2013 14:00:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=68781 Exemption under section 5(1)(iib) of the Gift-tax Act depended on whether the assessee qualified as a "person resident outside India" under section 2(q) of FERA. The applicable residence test had to be taken from FERA itself, not from section 6 of the Income-tax Act, because the incorporated definition was to be applied according to its source statute unless the incorporating provision required otherwise. On the facts, the assessee's stay in India from 6-6-1997 satisfied the FERA residency test based on intention to stay for an uncertain period, so the Income-tax Act day-counting rule and any special gift-date cut-off were rejected. The exemption was therefore unavailable. Case-Laws Income Tax Fri, 25 Jan 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=68781