shalini (CA) (525 Points)
18 August 2016Hi
I claimed relief u/s 90 for my client. Now I have got the notice that the processing has been transferred to AO because CPC can not process the credit for taxes paid outside India. I want to know whether it is normal to get the processing transferred to AO if relief u/s 90/91 is claimed.
Thanks
Arun Singh
(8 Points)
Replied 22 August 2016
Dhirajlal Rambhia
(SEO Sai Gr. Hosp.)
(177840 Points)
Replied 22 August 2016
Being NRI citizen of India, you are liable to be taxed in India. But deduction of tax paid in Hong Kong may be available under DTAA.
shalini
(CA)
(525 Points)
Replied 22 August 2016
Arun, first you have to check your residential status in India. If you are resident and ordinary resident then you are liable to pay tax on global income. If you are resident but non ordinary resident(RNOR) then you are not required to pay tax on Hong Kong income in India. You can calculate your residential status using residential status calculator available online.
If you are required to pay taxes on Hong Kong Income in India then you can claim relief for DTAA for the taxes paid in Hong Kong.
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