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Foreign income

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10 December 2011 i was onsite Australia for 6 months and i got salary there and paid tax on onsite salary, how this will be treated in Income Tax, india
if someone stays 181 days outside india then he is NRI but i was not there for more than 180 days so i have to show it as foriegn income in India or india income abroad please tell the calculation and where it is to show in income tax return. this is for financial year 2011-12
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CA MANOJ GUPTA

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CA MANOJ GUPTA (Expert)
10 December 2011 aS PER ARTICLE 15 OF INDIA -AUSTRALIA DTAA remuneration derived by an individual who is a resident of one of the Contracting States in respect of an employment exercised in the other Contracting State shall be taxable only in the first-mentioned State[INDIA IN UR CASE] if:

(a) the recipient is present in that other State [AUSTRALIA]for a period or periods not exceeding in the aggregate 183 days in a year of income of that other State;

(b) the remuneration is paid by, or on behalf of, an employer who is not a resident of that other State; and

(c) the remuneration is not deductible in determining taxable profits of a permanent establishment or a fixed base which the employer has in that other State.
IT APPEARS THAT SALARY INCOME ERANED BY U WILL BE TAXED IN INDIA.
U WILL GET CREDIT FOR TAXES PAID IN AUSTRALIA AS PER THE PRESCRIBED METHODS.
CA MANOJ GUPTA
JODHPUR
09828510543
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CA MANOJ GUPTA

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CA MANOJ GUPTA (Expert)
10 December 2011 aS PER ARTICLE 15 OF INDIA -AUSTRALIA DTAA remuneration derived by an individual who is a resident of one of the Contracting States in respect of an employment exercised in the other Contracting State shall be taxable only in the first-mentioned State[INDIA IN UR CASE] if:

(a) the recipient is present in that other State [AUSTRALIA]for a period or periods not exceeding in the aggregate 183 days in a year of income of that other State;

(b) the remuneration is paid by, or on behalf of, an employer who is not a resident of that other State; and

(c) the remuneration is not deductible in determining taxable profits of a permanent establishment or a fixed base which the employer has in that other State.
IT APPEARS THAT SALARY INCOME ERANED BY U WILL BE TAXED IN INDIA.
U WILL GET CREDIT FOR TAXES PAID IN AUSTRALIA AS PER THE PRESCRIBED METHODS.
CA MANOJ GUPTA
JODHPUR
09828510543
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