TAXABILITY OF NRI INCOME

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This query is : Resolved

MOTILAL JHALANI (Querist)

19 November 2009 IT APPEARS THAT A PERSON RESIDING OUTSIDE INDIA FOR MORE THAN 182 DAYS COMES UNDER THE CATAGORY OF NRI.

I WANT TO KNOW THE INCOME TAX ACT/INCOME TAX RULES WHICH SPECIFICALLY RELATED TO CHARGEBILITY/EXEMPTION OF NRI INCOME IN INDIA.

COMMENTS/DETAILS REGARDING ABOVE SUBJECT IS REQUESTED.

Sunil

Sunil (Expert)

19 November 2009 Refer to Chapter II, Section 5. Only income deemed to accrue or arise in India or received in India is chargeable to the Non Resident.

It is also clear that if your income as NRI accrued abroad, bring the fund to India does not make it taxable at anytime, even if you return to India and bring back funds upon becoming resident again.

shakuntala chhangani

shakuntala chhangani (Expert)

20 November 2009 Hi, it is nowhere given in the income tax that if a person resides outside India for more than 182 days then he is NRI. what if he stays outside for 183 days? in that case his stay in India would be 182 day (except leap year) and he will become resident in India. section 6(1) defines the term resident. If a person is not resident in India then he is considered as NRI. for taxability you can refer to section 5 . Thanks and regards

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