madhav (job) (63 Points)
02 April 2011Hi.........
1) Assessee is NRI he has remitted Foreign remittance from his earning abroad. can he be taxed in india?
2) can foreign gift taxed as income since the capacity of giver is not proved and identity was not established?
Kindly provide case laws on the above Issues..................
thanks
Regards
MSMS
U S Sharma
(glidor@gmail.com)
(21063 Points)
Replied 02 April 2011
1) if NRI has gifted the money from his tax paid income in that country ( which is under DTAA) ten its not taxable in india, provided the receipent is liner relative to the doner.
2) if the identity and relations are not established of the doner, how we can claim it as gift? its misc receipt and to be computed under "income from other sources"
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