11 February 2013
I am working outside India for more than 180 days but I have received income from abroad in my saving bank account. Wether the Income received in Saving account instead of NRI account is taxable in India?
11 February 2013
Normally no. the situs of tax shall depend on where the revenue is earned. Normally the location of where the income is parked should not be an issue.
You need to check FEMA implications, if any, separately.
13 February 2013
Nikhil, the Scope of total income is defined u/s 5 of IT Act. Income received in India or deemed to be received in India is also taxable in India irrespective of where it may have accrued or arisen. (Section 5(1)(a)) So if income is received for first time in India, it will still be taxable.
Section 5(1)(a) is for resident taxation. In this case, the person is an NRI. So it is safe to assume his tax status for the relevant assessment year is not a resident.
So the right section for your argument is 5(2)(a) which also has similar argument as forwarded by you and I agree is correct too.
CAclubindia
