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New Delhi, May 9: The Finance Ministry on Friday announced relief to those who have been facing difficulty with their residency status in India under section 6 of the Income-tax Act due to lockdown and suspension of international flights owing to COIVD-19 outbreak, as they have had to prolong their stay in India.

According to a Central Board of Direct Taxes (CBDT) release, Finance Minister Nirmala Sitharaman today allowed discounting of prolonged stay period in India for the purpose of determining residency status after considering various representations received from people who had to prolong their stay in India due to lockdown and suspension of international flights.

They expressed concern that they will be required to file tax returns as Indian residents and not as NRIs after 120 days of stay.

The Finance Ministry stated that the lockdown continues during the financial year 2020-21 and it is not yet clear when international flight operations would resume, a circular excluding the period of stay of these individuals up to the date of resumption of international flight operations shall be issued for determination of the residential status for the financial year 2020-21.

A circular also said that in order to avoid genuine hardship in such cases, the CBDT has decided that for the purposes of determining the residential status under section 6 of the Act during the previous year 2019-20 in respect of an individual who has come to India on a visit before March 22, 2020 and:

(a) has been unable to leave India on or before March 31, 2020, his period of stay in India from March 22, 2020 to March 31, 2020 shall not be taken into account; or

(b) has been quarantined in India on account of novel coronavirus (Covid-19) on or after March 1, 2020 and has departed on an evacuation flight on or before March 31, 2020 or has been unable to leave India on or before March 31, 2020, his period of stay from the beginning of his quarantine to his date of departure or March 31, 2020, as the case may be, shall not be taken into account; or

(c) has departed on an evacuation flight on or before March 31, 2020, his period of stay in India from March 22, 2020 to his date of departure shall not be taken into account."

The release said there are number of individuals who had come on a visit to India during the previous year 2019-20 for a particular duration and intended to leave India before the end of the previous year for maintaining their status as non-resident or not ordinary resident in India.

"However, due to declaration of the lockdown and suspension of international flights owing to outbreak of COVID-19, they are required to prolong their stay in India. The status of an individual whether he is resident in India or a non-resident or not ordinarily resident, is dependent, inter-alia, on the period for which the person is in India during a year," it said.

Mangaluru, May 6: The Kanara Chamber of Commerce and Industry has urged the government to consider erstwhile undivided Dakshina Kannada (now DK & Udupi) as one unit for the purpose of movement of people. KCCI president Isaac Vas has written a letter to Karnataka chief secretary T M Vijay Bhaskar in this regard. 

Mr Vas said: Even though the erstwhile Dakshina Kannada district was bifurcated in 1997 for administration purposes, the two districts are actually an urban agglomeration with most of the population residing in suburbs/towns. Office Staff, technical crew and labour of many industries reside in either district and commute daily for work within an efficient transport system.

The present restriction on Inter-district movement in view of the Lockdown is hindering the kick starting of industries and commerce. Workers are deprived of their livelihood and Industry and business owners are finding it challenging to move forward. To add to this, the migrant labour is moving back to their native places further aggravating the situation. Many Industries and Commercial establishments have requested us to take up this matter with the government, he said.

“Hence, we kindly request you to consider these two districts as one geographical area for the movement of people and private vehicles,” he said adding that this would facilitate movement of people for employment and business in either districts of Dakshina Kannada & Udupi.

He pointed out that Bangalore Rural, Bangalore Urban, Ramanagara, Chikkaballapur and Kolar are considered as a single unit as per your order No. RD158/TNR 2020 dt 03/05/2020 (Clause 2(a)).