Indian Income Tax Resident and taxation

I am in Malaysia on Work Permit, since Jan 15, 2023. I am on deputation for a project work by my employing co in India. Effective Apr 2023, my employer payroll has stopped deducting income tax in India, since I have stayed 0 days in India in the FY 2023-24. All my monthly salaries are paid in Ringitts and deposited in my salary account in Malaysia. If I go back to India on 1st Sep 2023, will I be taxed retrospectively in India for my salary incomes between Apr to Aug, even though the salary was paid to me in Malaysia in local currency and local bank account? Will there be any difference in scenario if I go back to India after 1 Oct 2023 (then I will be <180 days in India till end of Fy2023-24, assuming I am not deputed to any other country)?

Replies (4)
Quick Summary
This discussion clarifies Indian income tax residency for individuals working abroad. It explains how your physical presence in India during the financial year determines your tax resident status and potential retrospective taxation on foreign-earned income. The conversation also touches upon the Double Taxation Avoidance Agreement (DTAA) benefits for those paying tax in Malaysia.

1. Yes, as you will be considered Resident.

2. Yes, that will make difference as you will be NRI in that case.

Provisions Of Sec 6(11) to be fulfilled.

Hi all, thanks for your comments. Very helpful. Since in my case, I am paying tax on the earnings from salary income between Apr to Aug, in Malaysia, can I claim benefits of DTAA when I file my tax return in India for AY 2023-24? If I am taxed in India, from Apr, with retrospective effect.

Yes, you can get rebate of tax paid in Malaysia, while filing ITR  (along with form 67) when you offer your aggregate global income for assessment.

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
22 September 2026
Account Assistant

Chirag P Shah & Co. Chartered Accountant

Pune

B.Com

View Details
Company
08 October 2026
Account Executive

Elite Taxation

New Delhi

CA Foundation

View Details
Company
Featured 21 September 2026
Consultant - Reporting

Finrep Advisors LLP

Mumbai

CA

View Details
Company
30 September 2026
Senior Accountant

Codeboard Technology

Chennai

B.Com

View Details
Company
ARTICLESHIP 01 October 2026
Articled Assistant

KPSN & Associates LLP

Chennai

CA Inter

View Details
Company
ARTICLESHIP 16 September 2026
Article Assistant

MANUJ SHARMA AND COMPANY

Noida

CA Inter

View Details
Company
30 September 2026
Senior Accounts Executive

Codeboard Technology

Chennai

MBA

View Details
Company
ARTICLESHIP 28 September 2026
Junior Accountant

J S P M & Associates LLP

Pune

B.Com

View Details