NRI JUST RETURNED TO INDIA BUT HAVING SOME MONTH OF SALARY INCOME ABROAD

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My Client was doing full time-job in Dubai from last 8 FY but left job and returned to India permenantly on 30 June of FY. 2025-26. He was on Employment from Dubai domiciled Company (Income Accrue and Arise outside India). His Salary For April-May-June of FY 2025-26 was from Dubai Job of Rs.21,00,000 (INR Equivalent) and now he is unemployed. He will also having some Fixed Deposit in Dubai Bank Ac form his Salary Saving and wish to transfer that fund with Interest from foreign Bank to Indian Bank. How to show his in in ITR in exact which head.....Give detailed Heading or CBDT Circular/Notification if needed. I think India is having Double Tax Avoidance Agreement with Dubai Govt.

 

 

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Quick Summary
An NRI client returned to India permanently in June 2025 after working in Dubai for 8 financial years. They earned a salary of ₹21,00,000 from their Dubai job for April-June 2025 and have fixed deposits in a Dubai bank. The query is about correctly declaring this foreign salary and FD interest, including any accrued interest, in their Indian Income Tax Return (ITR) under the appropriate heads. The discussion also touches upon the applicability of the India-UAE Double Taxation Avoidance Agreement (DTAA) and the determination of residential status.

  • Dubai Salary (Apr–Jun 2025): Not taxable in India under Section 5(2) because services were rendered outside India by a Non-Resident. Subsequent transfer to India does not change its tax-free status.

  • Dubai FD Interest: Not taxable in India as it accrues outside India from a foreign asset for a non-resident.

  • DTAA Position: Since the income is not taxable in India under domestic tax law provisions (Section 5), invoking the India-UAE Double Tax Avoidance Agreement (DTAA) is technically secondary, though it robustly supports the elimination of double taxation if any ambiguity arises.

But I Think Residential Status is determined by considering  Full FY parameters.......then how you said it will be considered as Income earned as Non-Resident.

Correct me as I may be wrong.

The eligibility would be based on your residential status in the concerned financial year and not just on the basis that you have returned to India.

 Where the salary is earned from outside India before you come back to India, and you are a Non-Resident (NR) or Resident but Not Ordinarily Resident (RNOR) in India for that financial year, such foreign salary would not be taxable in India, unless it is actually received or deemed to have been received in India under the Income-tax Act. In case you become Resident & Ordinarily Resident (ROR), your worldwide income including foreign salary may be liable to tax in India. 

 Also, if foreign tax has already been paid in the other country and the income is taxable in India, you can claim Foreign Tax Credit (FTC) in the India under the prescribed conditions and documents in the applicable Double Taxation Avoidance Agreement (DTAA).

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