https://www.taxtmi.com/caselaws?id=467206 Residence under FEMA depends not only on the 182-day test but also on whether a person has come to or stayed in India with an intention to remain for an uncertain period; on the facts discussed, that broader statutory test treated the person as resident in India. Section 6(4) may protect an overseas investment if the asset was acquired, held or owned when the person was resident outside India, and the discussion notes that an investment in a Dubai venture may fall within that protection where it is plausibly traceable to foreign earnings or assets. The commentary also notes that related contravention findings may stand or fall depending on that residence determination and the availability of the Section 6(4) safeguard. en-us Thu, 27 Mar 2025 00:00:00 +0530 Tue, 10 Mar 2026 23:34:36 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=467206 Residence under FEMA depends not only on the 182-day test but also on whether a person has come to or stayed in India with an intention to remain for an uncertain period; on the facts discussed, that broader statutory test treated the person as resident in India. Section 6(4) may protect an overseas investment if the asset was acquired, held or owned when the person was resident outside India, and the discussion notes that an investment in a Dubai venture may fall within that protection where it is plausibly traceable to foreign earnings or assets. The commentary also notes that related contravention findings may stand or fall depending on that residence determination and the availability of the Section 6(4) safeguard. Case-Laws FEMA Thu, 27 Mar 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=467206