Income tax related query!!

853 views 1 replies

Mr. X goes for employment purpose outside India for the first time in life in December 2012 and returns after March 2013. He worked for a company which is subsidiary of Indian Company.

Therefore for AY 2013-14 he is Resident of India. The salary was later remitted to NRE account in India. Please note that no tax has been paid by him in the foreign country. My doubts are:

  1. Whether Salary received by him abroad is taxable in India?
  2. Whether the interest on the NRE account is exempt? (Please note that He’s a Resident!!)
  3. Has Double Taxation Avoidance Agreement between the 2 countries anything to do with this matter?

Thanking you in Advance!!

Replies (1)
Dear Rakesh, In case of a person leaving india for the purpose of employment, As per section 6 of IT act 1961, such person shall be resident if he has been in india for 182 or more days in the F.Y. and he has been in india for 365 days in last 4 years. In your case the assesee is Resident and his globle income is taxable. Section 80TTA exempts only interst on S.B. account irrespective whether NRE or other account. Interest should not be on time deposit. Section 90 to 91 shall be applied on every resident having globle income. hence applicable benifits can be availed.

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