g@ur@V (SENIOR ARTICLE ASSISTANT) (81 Points)
28 December 2010i just want to know the tax implication when a assessee stays 8 months in india & 4 months in usa. he received 8 lacs as salary when he was in india & 12 lacs when he was in usa for 4 months. he had also paid tax on salary of usa in usa.
kindly tell me the tax calculation with sec. refernce
U S Sharma
(glidor@gmail.com)
(21063 Points)
Replied 28 December 2010
it will be taxed in india as the status does not confirms as NRI, subjects to conditions cited in DTAA,
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The relief of DTAA can be sought only when a person has paid the tax in one of the countries and the same income is liable to be taxes in another country. But if the person is exempt from taxation in one country then he cannot claim the benefit of DTAA to get scot free from paying any tax.
CA. Anuj Gupta
(Practices in NRI Int.Tax FEMA TP FDI/FIPB & FCRA)
(7024 Points)
Replied 31 March 2011
The tax in India shall be on 20 lakhs and the credit for taxes paid in USA shall be available to him.
CAclubindia
