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SYour residential status in the current year depends on the number of days you spend in the current year itself & not in the previous year
So if spend full 365 days in FY 24-25 – it won’t automatically make me a resident in FY 25-26
SThe seller may not have a foreign address registered with the PAN & if the seller doesn’t file his ITR claiming NRI status, he wouldn’t be assigned an AO dealing with NRIsAlso address on PAN & the tax jurisdiction is not public knowledge
SThis is such a great question!Residential status is determined separately each year
As of today (2nd May), we don’t know what the status would be for FY 25-26.!
Matlab, he can stay for 183 days or he can leave mid-year as wellBut like I said, the law is straightforward (even if unfair), but CIT(A) & the tribunal have the power to give relief to the assessee & pass a judgement
But assessment is a hassle
SThe law tells you not to stop at the red lightWhether you could see the traffic light or not, whether you are colorblind, or whether somebody convinces you wholeheartedly that the signal is green – all of these do not matter
If you don’t stop at the red signal, you are breaking the law
I understand it will take Sherlock-level probing to actually figure out whether a person is NRI or not – but the government has made the payer responsible for figuring that out.
SCA Here – it is the responsibility of the payer to deduct TDS correctly. If he doesn’t, the department will recover that tax amount from the payer. The law is very, very clear.If the department notices that you deducted a much smaller amount & sends you a notice = the only way out here would be to file an appeal & keep fighting the department, hoping that the tribunal will listen to your case – this will take 2-4 years minimum – Mental Agony & Fees extra
SRight to be heard & right to appeal is fundamental- that means if I ask for an adjournment, the court has to grant itEither one or the other party would keep on asking for more dates to present additional evidence, bring in more witnesses etc
So the matter just keeps on dragging and dragging
Also if a verdict goes against you – you are allowed to file an appeal to a higher court & then the whole process begins again
