Querry for the salary earned outside India
This query is : Resolved
01 July 2009
Respected all,
I m having following querry.
Suppose one person of Indian Citizen leaves India for Employment outside India. He was on Job for 253 days in F.Y.2008-09, he was not went out of contry before year 2008-09.He returned back in April 2009
He earned salary tr to NRE A/c in India. The family persons withdrew the same.
His income is taxable?
According to me. The salary Inciome is taxable. But Person is having opinion is that the entire amount is repatronated in India, so tax should not be there.
Pls suggest.
I m having following querry.
Suppose one person of Indian Citizen leaves India for Employment outside India. He was on Job for 253 days in F.Y.2008-09, he was not went out of contry before year 2008-09.He returned back in April 2009
He earned salary tr to NRE A/c in India. The family persons withdrew the same.
His income is taxable?
According to me. The salary Inciome is taxable. But Person is having opinion is that the entire amount is repatronated in India, so tax should not be there.
Pls suggest.
CMA Arif Farooqui
(Expert)
01 July 2009
as he is non resident in p/y, his salary would not be taxable in india.
02 July 2009
Mr. Arif
Thank u for the reply, but for the residential status conditions , he was in India for more than 60 days, as I mentioned he worked outside India for 253 days.& further to the condition, he was residance in India for more than 365 days in preceeding PY.
So he is considered to be residance.
Accordigly, his salary to be taxable in India.
Pls suggest, m I correct or mistaken......
Thnking you.
Thank u for the reply, but for the residential status conditions , he was in India for more than 60 days, as I mentioned he worked outside India for 253 days.& further to the condition, he was residance in India for more than 365 days in preceeding PY.
So he is considered to be residance.
Accordigly, his salary to be taxable in India.
Pls suggest, m I correct or mistaken......
Thnking you.
02 July 2009
This condition does not apply to an Indian Citizen who goes abroad for employment.
CA Nitin Wadhwani
(Expert)
02 July 2009
Yes.
That second condition of Sec.6(1) becomes non-operative in case of person leaving India for the purposes of Employment.
That second condition of Sec.6(1) becomes non-operative in case of person leaving India for the purposes of Employment.
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