Income received outside india ifby resident

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divyanshu (Querist)
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16 December 2015 Can anyone please tell that if the income received outside India by the resident (ROR) would be taxable or not. If the same is taxable, please mention under which section it would be taxable as section 5(1) does not specify about it.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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16 December 2015 As per section 5 (1) (c) it is taxable.

divyanshu

divyanshu (Querist)
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16 December 2015 5. (1) Subject to the provisions of this Act, the total income of any previous year of a person who is a resident includes all income from whatever source derived which—
(a) is received or is deemed to be received in India in such year by or on behalf of such person ; or
(b) accrues or arises or is deemed to accrue or arise to him in India during such year ; or
(c) accrues or arises to him outside India during such year

Note : Clause (c) does not specify about the specific queries of income receive outside India, it specifies about the accruing and arising not "receiving outside India"

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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16 December 2015 It is accruing or arising not accruing and arising, Arises to him out side India means received by him out side India..

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divyanshu

divyanshu (Querist)
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17 December 2015 Subject to the provisions of this Act, the total income of any previous year of a person who is a non-resident includes all income from whatever source derived which—
(a) is received or is deemed to be received in India in such year by or on behalf of such person ; or
(b) accrues or arises or is deemed to accrue or arise to him in India during such year.

If received and arising have same meaning then why in case of non resident the same has been explained in two different point.

And I too strongly believe that the both don't have same meaning too.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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18 December 2015 It is my opinion take other experts opinion also.

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divyanshu

divyanshu (Querist)
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18 December 2015 Thanks for your help.

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