Tax Residency Form & Rule 21AB Notification

Now every non residents required to submit tax residency certificate in prescribed forms as the CBDT has notified Rule 21AB and Form 10FA & 10FB for this purpose.The new rule for tax residency has been made effectve from 01/04/2013 .Please read  previous post  three most frequently asked questions about tax residency , was explained. However , the...

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No Education Cess if DTAA Rate Applicable !

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The education cess  was introduced from Assessment Year 2005-06 vide Finance Act 2004 by which an additional tax was imposed computed on the basis of tax & surcharge.However, this new additional tax  has created a controversy in case of non resident assessees specially with respect to tax resident of countries with whom India has a...

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Non Resident Status:Planning Arrival & Departure !

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Having Non Resident status in India is good from taxation angle .The readers are already informed in previous post that  the residential status of an Individual is determined as per his/her  physical presence  in India . If you are not aware or want to refresh the basics of how to know the residential status or when one acquires...

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Tax Residency in India Simplified For You !

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The tax residency  of  a person in India determines whether an amount received or accessed to him in a year is taxable under I.T. Act.  This is so because section 5 of the Income Tax Act which defines Total Income excludes all income earned , accrued or arisen abroad in hand of  a Non-Resident whereas...

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AAR : Gain on Shares of Company Having Immovable Property Taxable in India

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Authority of Advance Ruling on a petition  of  Mrs. Punnika Parikh [2012] 19 taxmann.com 314 (AAR – New Delhi) has held that the gain on sale of shares of a company which derives its value from immovable property owned by the company in India , is taxable in India under Article 13.4 . The facts of...

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