27 August 2015
I was a resident in India as per the income tax laws and my global income would be taxable. I left India on October 25th to US on employment basis on J1 Visa. My income in India upto Oct 14 was Rs. 8,00,000. Salary Income earned in US upto March 21st was Rs. 25,00,000. Wrongly I Filed my return in US on H1 Visa even though iam J1 Visa holder and paid tax Rs. 2,70,000. Is there scope of some relief for me under the double tax avoidance agreement (DTAA)? Whether i will be penalized in India for the mistake??
27 August 2015
You are eligible for DTAA in India.
Income tax has nothing to do with TYPE of VISA.
You will get the credit of net tax paid in USA (By net tax, I mean federal tax paid by you less refund received, if any after revising the USA IRS return)