How will you decide the residential status of the following companies or firms for the Previous Year 2016-17 under the provisions of Income Tax Act, 1961? Give brief reasons for your answer: (iii) SVR Ltd., a French comp

CS Professional · Advanced Tax Laws and Practice · PYQS · June 2017
How will you decide the residential status of the following companies or firms for the Previous Year 2016-17 under the provisions of Income Tax Act, 1961? Give brief reasons for your answer: (iii) SVR Ltd., a French company of which the control and management of the affairs of the business is situated wholly outside India in Spain.

Answer & Explanation:

As per the provision of Section 6(3) of the Income tax Act, 1961 for the Financial Year 2016-17, All Indian companies within the meaning of Section 2(26) of the Act are always resident in India regardless of the place of control and management of its affairs. Further, in the case of a foreign company, for the FY 2016-17, the place of control and management of its affairs is the basis on which the company's residential status is determinable. Accordingly a company shall be said to be resident in India in any previous year, if- it is an Indian company; or the control and management of its affairs is wholly situated in India. SVR Ltd. , a French Company, of which the control and management of the affairs of the business is situated wholly in Spain. As the control and management of the affairs of the business of SVR Ltd. is situated wholly in Spain and accordingly SVR Ltd. shall be a non-resident company.

Topics: Income Tax Act, 1961

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