Practising CA
33428 Points
Posted on 29 July 2011
First ascertain whether the person to whom any income is being paid, will be liable to tax in India.
NRI's are not liable to tax in India in respect of their foreign Income.
I explain by it by taking an example which is a just opposite case-
Suppose you have been employed by a CA firm of USA to look after its work in India.
Salary is remitted to you from USA. Where will you file your return. In India or in USA ?
Secondly you have to see that whether income is being received in India.
In the above example, You are working for an Indian Firm in USA. Being NRI your income will not be taxable here as you are receiving salary there in USA.
The same salary will be taxable in your hand if you would be receiving the salary in India.
As such the "China-man" is not required to visit India just for filing his return.