Quick summary
Income tax in India is levied under the Income-tax Act, 1961, on the total income of a "person" for a year. This topic explains the basic words used in every tax problem (assessee, previous year, assessment year, person, gross total income) and how to decide the residential status of an individual. Residential status decides which incomes are taxable in India.
Key points
- Income tax is a direct tax: the person who earns pays it. It is charged under Section 4.
- Previous year (PY) is the financial year (1 April to 31 March) in which income is earned. Assessment year (AY) is the next year, in which it is assessed. Income of PY 2025-26 is assessed in AY 2026-27.
- Person (Sec 2(31)) has 7 types: individual, HUF, company, firm, AOP/BOI, local authority, artificial juridical person.
- Assessee (Sec 2(7)) is a person by whom tax is payable.
- Income is computed under five heads: Salaries, House Property, Profits and Gains of Business or Profession, Capital Gains, Other Sources.
- Residential status (निवासी दर्जा) of an individual (Sec 6) is: Resident and Ordinarily Resident (ROR), Resident but Not Ordinarily Resident (RNOR), or Non-Resident (NR).
- Status is decided separately for every previous year.
- An ROR is taxed on world income; an NR is taxed only on income received, accrued or deemed to accrue in India.
- Agricultural income in India is exempt (Sec 10(1)).
Important terms
- Gross Total Income (GTI) – total of income under all five heads after clubbing and set-off.
- Total Income – GTI minus deductions under Chapter VI-A (80C to 80U).
- Exempt income – income not included in total income, e.g. agricultural income.
- Casual income – lottery, crossword, game-show winnings; taxed at a flat rate.
Formats and formulas
Basic conditions for an individual to be resident (any one is enough):
| Condition | Days in India |
|---|---|
| (a) | 182 days or more in the previous year |
| (b) | 60 days or more in the previous year AND 365 days or more in the 4 preceding years |
- For an Indian citizen leaving India for employment, or a crew member of an Indian ship, condition (b) does not apply (only 182 days counts).
- For an Indian citizen or PIO visiting India, 60 days becomes 182 days; but if Indian income exceeds ₹15 lakh, it becomes 120 days (with 365 days in 4 years).
- A resident becomes ROR if he was resident in at least 2 of the 10 preceding years AND stayed 730 days or more in the 7 preceding years. Otherwise he is RNOR.
| Income | ROR | RNOR | NR |
|---|---|---|---|
| Received or accrued in India | Taxable | Taxable | Taxable |
| Earned and received outside India from business controlled in India | Taxable | Taxable | Not taxable |
| Earned and received outside India, other | Taxable | Not taxable | Not taxable |
5 important questions
Q1. Distinguish between previous year and assessment year.
Previous year is the financial year in which income is earned; assessment year is the year following it, in which that income is assessed and taxed. Example: income of 2025-26 is assessed in AY 2026-27.
Q2. Define "person" under the Income-tax Act.
Under Sec 2(31) a person includes an individual, HUF, company, firm, AOP or BOI, local authority, and every artificial juridical person not covered above.
Q3. Mr. John, a foreign national, came to India for the first time on 1 October 2024 and stayed till 31 March 2025. Find his residential status for PY 2024-25.
Days in India: October 31 + November 30 + December 31 + January 31 + February 28 + March 31 = 182 days. He satisfies condition (a), so he is resident. He was not resident in 2 of the 10 preceding years (he never came before), so he is Resident but Not Ordinarily Resident (RNOR).
Q4. Explain the provisions for determining the residential status of an individual.
Outline: basic conditions (182 days; 60 + 365 days), exceptions for citizens leaving for employment and visiting citizens/PIO (182 / 120 days), deemed resident (Indian citizen with income above ₹15 lakh not liable to tax in any other country), additional conditions for ROR (2 of 10 years and 730 days in 7 years), and how status changes scope of income.
Q5. Explain the scope of total income according to residential status.
Outline: Sec 5; draw the table above; give one example of each income (salary earned in India, profit from foreign business controlled from India, foreign rent); conclude that ROR pays on world income and NR only on Indian income.
Exam tip
In residential status problems, always count days month by month in a table and write the conclusion in one line: "Hence, he is RNOR for PY ____."