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    Question

    Under Section 2(v)(i) of the Foreign Exchange Management

    Act, 1999, which of the following persons is EXCLUDED from the definition of "Person Resident in India" even if they have resided in India for more than 182 days during the preceding financial year?
    A A person residing in India who is a citizen of a foreign country Correct Answer Incorrect Answer
    B A person who has come to India for taking up employment in India for an uncertain period Correct Answer Incorrect Answer
    C A person who has gone out of India for carrying on business outside India for an uncertain period Correct Answer Incorrect Answer
    D A person registered or incorporated in India under any law Correct Answer Incorrect Answer

    Solution

    Explanation:
    Section 2(v)(i) of FEMA, 1999 defines "person resident in India" as a person who has resided in India for more thanĀ  182 days Ā during the course of the preceding financial year. However, the provision contains a specific carve-out even if a person fulfills the 182-day threshold, they areĀ  excluded Ā from the definition if they have gone out of India: ​

    • (a) Ā for or on taking upĀ  employment outside India , or
    • (b) Ā for carrying onĀ  outside India a business or vocation , or
    • (c) Ā forĀ  any other purpose Ā in circumstances indicating intention to stay outside India for anĀ  uncertain period

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