CA
397 Points
Joined February 2011
Gaurav,
Based on the limited facts provided by you, your residential status seems to be "Resident and Ordinarily Resident" for FY 2016-17. Both your Indian and Kenyan salary income will be taxed in India.
You can take credit of taxes paid in Kenya in your Indian tax return. This applies even if India and Kenya do not have a DTAA.
Take special precaution to disclose your foreign income and assets in Schedule FSI and FA respectively otherwise there is penalty (even jail term) under the Black Money Act.
Asides:
Try not to take credit of salary directly in Indian bank account (that too preferably NRE, not NRO)- in such case, it will become taxable to you in India irrespective of your residential status - better option is to take the credit in Kenyan bank account & then remit it to India
In hindsight, you could have planned your departure from India in such a way that your stay in India was less than 182 days - that way, you could have claimed NR status in FY 2016-17.
Thanks!