Ad-Free CAclubindia and Daily Updates on your mobile. Subscribe Now!

Non-resident indian

Vishal Gupta (Partner) (35 Points)

05 March 2012

Dear All,

One of my client is Non Resident. He is earning salary income from foreign country. employer is transfering salary to indian bank account.

now my question is, "Is this salary is Income received in india or not?" is this income is taxable in india ?

Kindly advice...

Thanks and Regards

Vishal Gupta

Reply
Follow
Share

2 Replies

Vishal Gupta (Partner) (35 Points)
Replied 05 March 2012

Kindly Provide suggession asap. I am in need. Please reply...

Upgrade to CAclubindia Pro. Subscribe Now!

CA Rohit (In Practice) (71 Points)
Replied 06 March 2012

AS PER SECTION 6 OF IT ACT IF THE ASSESSEE IS IN INDIA FOR A PERIOD OF 182 DAYS OR MORE THAN HE IS CONSIDERED AS RESDIENT AND ALL THE INCOME WILL BE TAXABLE IN INDIA WHETHER SUCH INCOME IS EARNED IN INDIA OR OUTSIDE INDIA. (THIS CONDITION IS APPLICABLE ONLY WHEN THE ASSESSEE LEAVES INDIA FOR THE PURPOSE OF EMPLOYMENT OUTSIDE INDIA)

IF THE ASSESSEE IS IN INDIA FOR LESS THAN 182 DAYS AND HE IS OUTSIDE INDIA FOR EMPLOYMENT PURPOSE THEN THE INCOME EARNED OUTSIDE INIDA WILL NOT BE TAXABLE IN INDIA EVEN IF THE INCOME IS DIRECTLYTRANSFERED TO INDIAN BANK NRE ACCOUNT.