Regaring non resident tax liability in India
This query is : Resolved
02 February 2023
Hi
Assesse has employed in the Indian company till April 2016, thereafter went to Sigapur for employment purpose of the same company and he came back on January 2017, here as per the section 6 of the Income Tax Act 1961, he is Non Resident of India.
further stating that,
>He received the salary in Singapur and paid the applicable tax in that country during April 2016 to Dec 2016,
>He also not received any salary in Indian salary account during the April 2016 to Dec 2016,
>He received salary from Jan 17 to March 17 from Indian company in Indian salary account.
As per my understanding assesse is fall under NRI status so he no need to pay the tax on income earned during the period from April 2016 to Dec 2016,
But Indian company has deduct the TDS for whole year.
Based the form 16 issued by Indian company AO has considered, assesse is the Resident of India, and he need to pay tax on global income.
Here i need to understand that, whether he need to pay tax on whole year salary or only from Jan 17 to March 17.
Assesse has employed in the Indian company till April 2016, thereafter went to Sigapur for employment purpose of the same company and he came back on January 2017, here as per the section 6 of the Income Tax Act 1961, he is Non Resident of India.
further stating that,
>He received the salary in Singapur and paid the applicable tax in that country during April 2016 to Dec 2016,
>He also not received any salary in Indian salary account during the April 2016 to Dec 2016,
>He received salary from Jan 17 to March 17 from Indian company in Indian salary account.
As per my understanding assesse is fall under NRI status so he no need to pay the tax on income earned during the period from April 2016 to Dec 2016,
But Indian company has deduct the TDS for whole year.
Based the form 16 issued by Indian company AO has considered, assesse is the Resident of India, and he need to pay tax on global income.
Here i need to understand that, whether he need to pay tax on whole year salary or only from Jan 17 to March 17.
03 February 2023
He needs to pay tax in India from Jan 17 To March 17.
Applicable tax has been paid in Singapore.
Double taxation unjustified.
He is non resident global income not taxable in India.
Applicable tax has been paid in Singapore.
Double taxation unjustified.
He is non resident global income not taxable in India.
Message likes :
1 times
03 February 2023
Wonder, how come employer deducted TDS on total salary, which it didn't pay?
Was he on deputation by company itself?
Was he on deputation by company itself?
03 February 2023
Sir kindly share me the any reference like case laws/notification/articles regarding
03 February 2023
See the link.
https://taxguru.in/income-tax/employee-left-india-for-the-purpose-of-employment-outside-india-non-resident-if-present-for-less-than-182-days-in-india.html
https://taxguru.in/income-tax/employee-left-india-for-the-purpose-of-employment-outside-india-non-resident-if-present-for-less-than-182-days-in-india.html
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Is this income indian or foreign income?
- RCM applicability on Rent Paid by Registered Person to Unregistered Landlord for Residental Building
- ITC temporary reversal and reclaim
- GST on export of services and Input Credit
- Inventory of finished goods
- Applicable TDS rate for sale of property in Nov 2024
- Tds on building rent monthly
- REGARDING 25 AS DATE OF PAYMENT AND DATE OF BOOKING
- Quiery in relation to GST liability in case of an advocate who has obtained GST registration.
- Can we claim ITC of Feb-2024 in the month of November-2024 which was not claimed by oversight
- Disallowance of Section 43B(h) to sez units
- Regarding Waiver of Interest levied u/s 50 of PGST/CGST Act
- LAST YEAR 2022-23 ITC IN NEXT YEAR 2023-24 REPORITNG IN GSTR-9
- MIS MATCH OF INVOICE NUMBER
- IGST Credit-Show cause notice issued-confusion
- Issue of gst e invoice
- How to adjusted advances given or receipt
- Foreign vendor without PAN unable to to register due to non receipt of OTP on foreign number ?
- 133(6) DIN INVALID format error - ->WHERE TO REPLY 133(6) notice?
- Query for dubts
Trending Online Classes
CAclubindia
