Please Help: Income tax
Posted Date : 17-Jun-2011 , 01:57:41 am | Posted By: ASHOK KUMAR
Category :
Income Tax | Answers :
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Comments :
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One of my client is Citizen of Australia. he worked there as director in Australian company and paid tax there. He was NRI. Does he have to shown the income in india, which he earned in Australia and what is the status of tax paid in Australia? He transferred all money in NRE account in India. |
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Answers:
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 Answer by: Ca Nitin |
| ashok as seems in ur case it is immaterial if NRI earned income in Australia.Bocz as per section 6 it is not taxable in india.if he earned income in indian context than he must file ITR.
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| Answer by: CA. Sachin Data |
| Answer is same as my comment.
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| Answer by: |
| As per your query, if this person holding the status of Non-residence then this should not be taxable.
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| Comments |
| Posted By : Sourabh Gupta |
22-Jun-2011, 01:11:09 |
| Section 6 of income tax act talks about 3 types of person from the point of view of taxability. It seems dat ur client is neither the 'Resident' nor 'resident but not ordinary resident'in India. Accordingly being a 'Non resident'in India, he is not required to pay any tax in India or to file any ITR irrespective of is tax status in Australia or transfer to any account... |
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| Posted By : Sourabh Gupta |
22-Jun-2011, 01:07:04 |
| Section 6 of income tax act talks about 3 types of person from the point of view of taxability. It seems dat ur client is neither the 'Resident' nor 'resident but not ordinary resident |
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| Posted By : CA. Sachin Data |
17-Jun-2011, 03:18:49 |
| As per my opinion, if he is a NRI and he is not deriving any income from India, then he is not assessable under the IT Act.
In your case, it seems that he has derived all his income from Austrailia and therefore he doesn't come under the purview of IT Act & he is under no obligation to show the income in India. The status of the tax paid in Austailia is irrelevant. The fact that he has transferred all his money in the NRE account in India doesn't alter the situation. |
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