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Foreign tax credit

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(Querist)
01 December 2014 If a Person who is a non resident employed abroad receives Shares by way of ESOP and Tax Deducted in Foreign Country. and the when he sale the Shares, he is resident in India and the Capital Gain Tax arises on it in India. Then the Foreign Tax Credit Should be taken on Salary Income or on Capital Gains.
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Amol S Joglekar

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Amol S Joglekar (Expert)
01 December 2014 A resident can take the benefit of DOUBLE TAXATION. Check the DTAA with that country.
Only the difference, if any, is required to be paid in India, if the DTAA exists
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