Salary

Save Share

This query is : Resolved

sri (Querist)

11 August 2011 my friend had made a job in Tech Mahindra in India for 5months and he transfer to malaysia branch in aug2010 and he received salary in malaysia for the last 7 months after tax deduction in malaysia.
Qs : How will he show the income in his ITR
Is ITR-1 is enough to file.
Income from Salary (tech Mahindra) India
Income from Salay (Malaysia)

Under Which Section he will claim Deduction for the amount received from malaysia?

CA PARAS BAFNA

CA PARAS BAFNA (Expert)

11 August 2011 As he has gone out for the purpose of an employment, and his stay in India was not more than 182 days during the previous year 2010-11, his residential status is that of a Non Resident. He need not to show his Outside India Income in his return as it does not form part of his total income.
Only Indian Income has to be shown and ITR 1 can be filed.

sri

sri (Querist)

11 August 2011 Thank you sir and 1 more doubt that
In the mean time of 7months he visited india and stay here for 10 days and return back to malaysia. and he didn't stay continuous for a period of 182 days in abroad.

CA PARAS BAFNA

CA PARAS BAFNA (Expert)

11 August 2011 Total Stay in India = 5 months +
10 days visit < 182 days.

His continuous stay anywhere is not necessary.
.
He may come to India for 10 days. But his overall stay during the financial year should be less than 182 days.
.
He can come here on Raksha Bandhan or on Deepawali, No problem.

CA. Lohith Jagadeesh

CA. Lohith Jagadeesh (Expert)

11 August 2011 Hi,

Agreed with expert above.

Yes he can come on Raksha Bandhan or on Deepawali.....!!! :) as he still wudnt be satisfying the condition of 182 days as said above. in which case he still remains a Non Resident.

Regards
CA. Lohith. J
B.Com,ACA,CS,(ICWA),SAPM Hons,ITF Hons

For
Lohith & CO,
Chartered Accountants
Bangalore

You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now