A non-resident Indian means a person resident outside India who is an Indian citizen on a person of India origin.
A person is considered to be of Indian origin, if heat any time held an Indian Passport or hereafter of his parents or any of grandparents was a citizen of India by virtue of the Constitution of India or Citizenship Act, 1955 or the person is spouse of an Indian Citizen or person referred above.
As per section 2(v) of FEMA, Person resident in India means a person residing in India for more than 182 days during the course of preceding financial year.
It does not include a person who has gone out of India or who stays outside India for employment outside India or carrying on business or vocation outside India or for any other purpose, in such circumstances as would indicate his intention to stay outside India for an uncertain period.
A person who has come to or stays in India will be considered as Resident of India only if
- He has come for taking employment in India or
- For carrying on business or vocation in India or
- For any other purposes, in such circumstances as would indicate his intention to stay in India for any uncertain period.