I am seaman sailing with Indian Ship Owner since last three years, we are getting Professional Contract on annual basis. before July 2012, we use to file ITR after completing NRE days requirement (ship sailing for 183 plus days out of india) & use to get tax refund (ie. 10 % TDS tht was cut we use to claim tht as refund).
But now after July 2012 we got registered wth service tax dept & company pays 10% service tax on our salary. But now company says tht professionals paying service tax cannot claim NRI status ( we hav completed more than 183 days out of india ). We hav been getting salary in our NRE indian account every mnth. .
My query is can we claim NRI status & claim our 10% tds tht is deducted as Refund. We file ITR as proffessional with NRI status showing our passport immigration stamps & our contract letters.??? kindly if u can solve my case.
CAclubindia
