RAGHAVENDRA KAMATH (Self Employment) (22 Points)
17 June 2018Assessee was actually a NRI during FY 2017-18. But TDS u/s 194c has been effected to him for payments made to him by the deductor. But 194C is applicable to Resident Indian Contractor. But here assessee was NRI. TDS is already effected and Traces has been issued. How to deal with the case? Whether to file ITR as NRI and seek the refund? Plz advice
Dhirajlal Rambhia
(SEO Sai Gr. Hosp.)
(160332 Points)
Replied 17 June 2018
How many days he was in India, before departure?
Was it during that period, contract completed?
If his status was not clear before hand, there was no fault of him, otherwise he was bound to inform contractee about his status. So check the reality, and take call....
Raghavendra Kamath
(164 Points)
Replied 17 June 2018
MURALIDOSS
(INCOME TAX PRACTITIONER)
(1302 Points)
Replied 17 June 2018
Sir,
me too, my client doing business in singapore, but he is not staying there 182 days in singapore.two months once he go there and come back by 20 days or a month, but he is not doing any business in india. what is his status sir.
prasad Nilugal
( GST Practitioner & Accounts )
(14167 Points)
Replied 17 June 2018
Resident Indian means should be 182 days or more in the previous year in India as per Income tax act 1961
MURALIDOSS
(INCOME TAX PRACTITIONER)
(1302 Points)
Replied 17 June 2018
OK. HE IS RESIDING IN INDIA MORE THAN 182 DAYS SIR, BUT HIS INCOMES ARE ONLY OVERSEAS BUSINESS THROUGH BANK ALL HIS INCOME RECEIVED FROM SINGAPORE NRI OR NRE ACCOUNT . HE HAS A VALID VISA IN OVERSEAS. THERE IS NO OTHER INCOME IN INDIA, WHAT IS THE INCOME'S MEANS.?
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