Resident (it act) person resident outside india (fema)

PRAKASH CHANDNANI (PRESIDENT) (84 Points)

04 July 2017  

Hello Sir, I am NRI for many years and working in UAE but now due to my personal matter, I have to visit india and stay for more than 182 days though I am employed overseas with my intention to go back. Please inform tax treatment of my Income if my  RESIDENT STATUS is as follows :-  

                           IT ACT                         FEMA

1996~2014         NRI                               Employed overseas

2014~2016         RNOR                           Employed overseas  *Stayed more than 182days/each year in India

2016~2017          NRI                               Employed overseas

2017~2018          RESIDENT                   Employed overseas *Going to stay more than 182 days in India.

My question is, though I am PERSON RESIDENT OUTSIDE INDIA (As per FEMA act) but for time being about further 2-3 years I will have to visit and stay more than 182 days in India for my personal matter (Not for business or Job) and  I do got my job (overseas) and holding employment/resident visa of UAE and I have intention to go back, once my personal matter in India settle down.

So under these circumstance, what will be tax treatment of my Income for FY2017~18, which is as follows :-

A.Salary in UAE                    Inr24,00,000     *(I get from uae resident employer in my uae account)

B.Interest on NRE FD          Inr18,00,000      

C.Local rent Income             Inr   2,00,000

Total                                      Inr44,00,000

My questions are :-

1. Do I have to file Income tax return ? if above A and B  income is not taxable.

2.Salary in UAE : Do I have to declare under my Global Income and will it be tax free under INDIA/UAE DTAA article 15(a) ?

3.Interest on NRE FD : Will it remain tax free under IT section 10(4)ii ? *(which says if a person is resident outside india under FEMA than this income going to be tax free.) and do I have to declare in my income tax return.

Requesting you to please reply after reading INDIA/UAE DTAA article 15(a) and IT section 10(4)ii or quote any other section and not just with your own idea, which going to matter to my tax liability/treatment.

Thanks in advance.

Regards Prakash