Income tax in India for foreign (Japan) income.

Kaushik Dutta (Others) (27 Points)

20 December 2012  

Respected CAs,

I am a software professional and was in Japan from Feb, 2012 to Nov, 2012 continuously with Japan's company's payroll.

My company used to provide me NET SALARY, with already tax deducted.

 

I have below questions:

1) From my limited knowledge in Income Tax rule, I can to know if in any financial year, a person is outside India for more than 183 days, then he will be considered as NRI and will not to pay any Income tax in India for the foreign income. Hence from April, 2012 to Nov, 2012, its over 183 days and hence I dont need to pay IT in India for the income in Japan. Please confirm whether my understanding is correct.

2) If (1) is yes, then do I need to show/declare the amount in my FY 2012-13 IT return?

3) Do I need to pay IT in India for Feb, 2012 and March, 2012. Because in FY 2011-12, I was outside India for less than 183 days (60 days in total)?

4) If (3) is yes, what is the provision under DTAA (double taxation), as for Feb, 2012 and Mar, 2012, I have already paid Income taxes in Japan.

5) If (3) is yes, then can I get exemption for the HRA, medical insurance etc. what I paid in Japan.?

 

Please help me with your valuable suggestions.

 

Thanks in advance.