Non Resident Indian in simple terms is an Indian citizen who has migrated to another country for employment or in business/profession and intends to stay outside India for a longer duration or permanently.
The Residential status of an Individual can be derived by two different Acts under the Indian Law, One under the Indian Income Tax Act, 1961 and second one under Foreign Exchange Management Act 1999.
As per the Income Tax Act the residential status of the person is decided on the basis of number of days he stays in India and as per FEMA, intention of a person to stay in India or outside India decides the status of the individual.
NRI as per Income Tax Act 1961.
Section 6 of the Income Tax Act an individual is Resident in India in an accounting year if he fulfills following two conditions :
1) He/she stays in India for a period of 182 days or more during the previous year
2) He has been in India for 60 days or more during the previous year and he is India for 365 days or more during the 4 years prior to the previous year.
If an Individual does not satisfy any of the above conditions he is a Non Resident Indian.
Further, As per the Explanation of section 6(1) if an Indian citizen leaves India in any previous year as a crew member of an Indian Ship or for the purposes of employment outside India the period of 60 days
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