Fellowship fees to nri

Kindly confirm whether that Non resident has come to India or is staying in his home country.

Anuj

+91-9810106211

femaquery @ gmail.com

They are 2 people. Citizen of Israel and USA. They will provide thier servies in our university for 3 years and they are living in our university campus in gurgaon.

Article of Professors shall apply in the present case. I am attaching article 21 from India-Israel DTAA for your reference:-

"Remuneration received for education or scientific research by an individual who is or was immediately before visiting a Contracting State a resident of other Contracting State and who is present in the first-mentioned State for the purpose of scientific research or for teaching at an educational institution shall be exempt from tax in the first-mentioned State. This exemption shall be granted for a period that shall not exceed two years from the date on which the teacher or researcher first entered the first-mentioned State for the purpose of engaging in scientific research or for teaching. This Article shall not apply to income from research if such research is undertaken not in the public interest but primarily for the private benefit of a specific person or persons."

Anuj

+91-9810106211

femaquery @ gmail.com

 Sir ! Thank you very much for your reply...

  suppose if DTAA is not applicable then can we treat this as a professional / consultancy fees u/s 194J and if it is i think they have to apply PAN in india because  they became resident  by virtue of more than stay of 182 days in previous year

  Kindly suggest if it is ok as we make payment to them u/s 194J and not in 192B

  THANKS

Surely 194J shall come into picture once they become residents.

Anuj

+91-9810106211

femaquery @ gmail.com