The Finance Bill, 2020 has proposed that an Indian citizen shall be deemed to be resident in India, if he is not liable to be taxed in any country or jurisdiction. This is an anti-abuse provision since it is noticed that some Indian citizens shift their stay in low or no tax jurisdiction to avoid payment of tax in India.
The new provision is not intended to include in tax net those Indian citizens who are bonafide workers in other countries. In some section of the media the new provision is being interpreted to create an impression that those Indians who are bonafide workers in other countries, including in Middle East, and who are not liable to tax in these countries will be taxed in India on the income that they have earned there. This interpretation is not correct.
In order to avoid any misinterpretation, it is clarified that in case of an Indian citizen who becomes deemed resident of India under this proposed provision, income earned outside India by him shall not be taxed in India unless it is derived from an Indian business or profession. Necessary clarification, if required, shall be incorporated in the relevant provision of the law.
- Addition u/s 68 for cheque received on last day reversed on 1st April next year. SLP dismissed
- CIT(A) can’t dismiss appeal in limine merely stating that assessment order is upheld
- RBI permits four more entities to perform Aadhaar authentication under PMLA
- ITAT deleted penalty u/s 270A observing law does not bar from making a claim
- Assessment Order can not be passed if objections are pending before DRP – High Court
