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A number of important terms commonly used in the
contents of
this website are explained here under for quick reference and
better understanding:
Non-Resident Gujarati : Indian Citizens who stay abroad for
employment or for carrying on a business or vocation or for any other
purpose in circumstances indicating an indefinite period of stay outside
India and Indian Citizens (including Government or Public Sector
Officilas) working abroad on assignments or deputation are referred to as
Non-Resident Gujarati's Under Foreign Exchange Regulation Act (FERA).
Non-Resident Gujarati's become Residents of India only when they return
to India for employment or carrying on any business or vocation or for
any other purpose indicating an idefinite period of stay in India. They are
not regarded as persons resident in India during their short visit to India
for holiday, business etc.
Person of Indian Origin : Person of Indian Origin :
Person of Indian Origin : Under
FERA, a Foreign Citizen (not being a
Citizen of Pakistan or Bangladesh) is deemed to be of Indian Origin, if he
at any time held an Indian Passport or either of his parents or any of his
grand parents were an Indian Citizen. A wife (not being a citizen of
Pakistan or Bangladesh) of an Indian Citizen or a person of Indian origin
is also deemed to be of Indian Origin, even though she may be of
Non-Indian Parentage.
Important Note :
Important Note :
Important Note : Investment Facilities available to Non-Resident Indian
Citizens are also made available to Foreign Citizens of Indian Origin,
treating them at par with the former. Therefore, for the sake of simplicity,
the term Non-Resident Indian (NRG) has been used in this GuideBook to
denote collectively Non-Resident Indians as well as Foreign Citizens of
Indian Origin.
Person Resident in India :
Person Resident in India :
Person Resident in India :Under
FERA, the term 'Person Resident in
India' includes all Indian Citizens who have been staying in India at any
time after 25th March 1947, Indian Citizens who have been
Non-residents when they return to India for settlement, Foreign Citizens
who stay in India for employment, business etc.or in circumstances
indicating an idefinite period of stay and Foreign Citizens who come and
stay in India with their spouses, if their spouses are resident in India.
Indian Citizens who proceed abroad for higher studies, short
business visits, medical treatment etc. Are treated as Resident in India
even during their temporary absence from India.
Concept of Resident & Non-Resident under the Direct Tax Laws
: Concept of Resident & Non-Resident under the Direct Tax Laws
: Concept of Resident & Non-Resident under the Direct Tax Laws
:
Under the Direct Tax Laws the concept of Resident and Non-Resident is
quite distinct from that under the Foreign Exchange Regulation Act. The
Residential Status of a tax payer has to be determined for each
assessment year with reference to the state of affairs in the relevant
previous year. Broadly speaking, the status has to be determined in the
case of an individual on the basis of his physical presence in India, while
in other cases, it is dependent upon the situs of the control and
management of its affairs. The extent of tax liability is dependent upon
the Residential Status.
Overseas Corporate Body :
Overseas Corporate Body :
Overseas Corporate Body : Majority of the investment opportunities
available in India to Non-Resident Indians (with the exception of
investment in proprietory and partnership concerns) have been also
extended to overseas Companies, Partnership Firms, Societies, Trusts
and other Corporate Bodies owned directly or indirectly to the extent of at least
60% by Non-Resident-Indians. Such firms, companies, trusts
etc. Referred to as Overseas Corporate Bodies (OCB's) are eligible to
open and maintain bank accounts and make other investments in India
either with or without repatriation benefits.
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