OVERSEAS BUSINESS INCOME FOR RESIDENT INDIAN TAXABLE

Tax queries 125 views 5 replies

Hi Friends

 

My Client is Indian Resident and filing ITR Regularly as per the Indian Government Rules and Regulations.

Now he opened a business in Dubai LLC (He is a sole Director) and doing some import business there. 

  1. From India He will export to that dubai entitiy and pay to the vendor in India (he himself) for the product.
  2. I understand for the Indian business, he has to pay the Income tax, etc
  3. My question is whether profit earned through his overseas business is taxable in India. 
  4. Whether such profit can be repatriated through normal banking channel
  5. He is not going to be NRI, as he will not be in aborad for more than 183 days.

 

Hi Friends, please advise me in details

 

Regards

Balasubramanian VS

Replies (5)

When filing an appeal under Section 128A, you'll need to carefully select the options to ensure your appeal is processed correctly. Here's a step-by-step guide: Filing the Appeal 1. *Login to the GST Portal*: Access the GST portal and navigate to the "Services" tab. 2. *Select "Appeals"*: Click on "Appeals" and then select "File Appeal". 3. *Choose the Correct Option*: Select "Section 128A" as the relevant section. Answering the Questions 1. *Demand Order Issued through GST Portal*: If the demand order was issued through the GST portal, select "Yes". Otherwise, select "No". 2. *Appeal Application Filed*: Since you've already filed an appeal, select "Yes". 3. *Application for Withdrawal of Appeal*: If you haven't filed an application for withdrawal, select "No". 4. *Withdrawal of Appeal or Writ Petition*: If you haven't withdrawn the appeal or writ petition, select "No". Additional Steps 1. *Upload Supporting Documents*: Attach relevant documents, such as the demand order, appeal application, and any other supporting evidence. 2. *Submit the Appeal*: Review your application carefully and submit it. Key Considerations 1. *Ensure Accuracy*: Double-check your answers to avoid errors or inconsistencies. 2. *Attach Relevant Documents*: Upload all supporting documents to strengthen your appeal. 3. *Seek Professional Help*: If needed, consult a tax professional or chartered accountant to ensure your appeal is filed correctly. By following these steps and selecting the correct options, you'll be able to file your appeal under Section 128A effectively.

Sir Ji

Your answer is not relevant to my questions

 

Please go through the questions and help out with the proper and autheticated reply

 

Regards

Bala

  1. The thing you need to consider is whether the LLC with only one shareholder is considered as a pass through instument here. If it is, then technically the income should be included in his total income.  

    As such, this is self dealing. And I am sure there are many such people who are doing this and not worry about the consequences. 

  2. Has he complied with FEMA regulations for opening the LLC. If not, then before worrying about repatriation, you need to resolve the ODI FEMA compliance.

 

 

Dear Nikhil

My Client own LLP Company here in India

He Opened a LLC Company in Duabi in which He is the 70% Shareholder  the balance 30% held by the Indian LLP.

The Share money sent to through normal banking channel and we have complied FEMA and submited all the ODI forms to RBI etc.,

My question is the the owner, as a individual will be drawing salary from Dubai LLC and also going to take dividend from the LLC company

The LLC Company in Dubai South City (which is freezone area) and will be filing their Tax Return for the LLC

Whether Indian Citizen who is not going to have NRI status, but the business income earned in Abroad is taxable in India?

Please help me with the clear answer

Bala

 

global income is taxable for a resident Indian. 


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register