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CMA Intermediate · Direct and Indirect Taxation · Basic Concepts, Basis of Charge and Capital and Revenue Receipts

Bharat Global Pte Ltd is incorporated in Singapore. All its board meetings are held in Singapore, but its key commercial and strategic decisions are in substance taken by its managing director from Pune. What is its residential status in India for the tax year?

Bharat Global Pte Ltd is resident in India. A company is resident if it is an Indian company or its place of effective management is in India. That place is where key commercial and strategic decisions are in substance made, here Pune, regardless of foreign incorporation or board meeting location.

  1. ANon-resident, because it is not incorporated in India
  2. BNon-resident, because its board meetings are held outside India
  3. CResident, because its place of effective management is in IndiaCorrect
  4. DResident only if it has an Indian subsidiary

Explanation

A company is resident in India if it is an Indian company or if its place of effective management in the tax year is in India. This is the place where key management and commercial decisions necessary for conducting the business are in substance made. Here that place is Pune, so the company is resident despite foreign incorporation and Singapore board meetings.

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