Tax rate and the relevant provisions applicable to the NRI selling property in India

The selling of immovable property i.e land and building by the non-resident is becoming common in megacities like Delhi, Gurgaon, Mumbai and Bangalore. People are being shifted to foreign countries permanently and they are selling their properties and taking the sale consideration out of India. Selling property is a time taking process and it needs …

How to determine that an Individual is NRI

The Indian income tax law determines the NRI status on the basis of the number of days an individual stays in India, not on the basis of citizenship in India. An individual gets confused when he comes to India for a few days and calculates his residential status. As per the Indian tax law, it …

Determine residential status of NRI and Non-NRI Individual

Determination of residential status is equally as important as the calculation of income tax liabilities. Even before the calculation of income tax an individual taxpayer has to first determine his residential status as per the income tax act 1961. Section 6 of the income tax act specifically deals with residential status. It prescribed the way …

Addition cannot be made under section 56(2)(viib) where AO does not dispute or question the financial, technical and professional credentials of the venturists

Facts of the case: Mais India Medical Devices Private Limited (MAIS India) was incorporated in the year 2012 under a joint venture agreement between M/s Sysmech Industries LLP, a resident of India and M/s Demas Company, a non-resident. MAIS India developed in-house all the Assembly Machines & Packing Machines used in the product manufacturing like …

There is no restriction on NRIs taking cash gifts from family members

Facts of the case The assessee is an NRI and he has deposited cash of Rs.1144000 in his bank account. He has been a resident of Auckland, New Zealand since 2003. There was a mismatch in the time of deposit of cash in the bank account. The assessing officer has the doubt the cash was …

Residential status of Indian and Foreign company

The residential status of the company is determined as per section 6(3) of the income tax act 1961. Residential status is important because the determination of income and income tax liability all depend on the residential status. It is a first step that every taxpayer must follow either a resident or non-resident. Indian company An …

How to determine the residential status of an individual and some Important untouched points for Non-residents

Income tax provisions for the non-resident are not straightforward. There are many provisions which in itself are difficult to understand. To understand the provision applicable to non-residents it is important to first determine the residential status. The residential status is divided into 3 categories- Non-Resident (NR) Resident and Ordinarily Resident (ROR) Resident but not Ordinarily …

How to claim TDS credit if TDS is deducted but not deposited by employer

Tax deduction at source (TDS) is an income tax liability that is deducted from salary of the employee. It is similar to advance tax liability which is deducted from the salary of the employee by the employer and deposited it to the central government. Liability to deduct TDS is cast on the employer (person who …

TDS is not deductible on Web Hosting and Promotion Services

TDS on digital payment has always been a contentious issue. Taxpayers and income tax department have been fighting for taxability on digital payments for many years since the digitalization of business has taken place. The income tax department tries to make the digital payments taxable in India as a Fees for Technical Services (FTS), Royalty, …

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