Civil Procedure Code (CPC)

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IT Returns Filling

Querist : Anonymous (Querist) 12 January 2011 This query is : Resolved 
Hi,
I had taken employement abroad in Nov 2009 and started earning from that time. I would like to know, how i should file the IT returns for the year Apr 2009- Mar 2010 in India. The company where I worked in India had deducted my tax till my stay for the income earned from Apr - Oct 2009. Also I would now be paying tax for my income for Jan 2010 - Dec 2010 abroad. Below are my questions.

Q1: Now how do i file my IT return in India, for the above scenario?
Q2: What amount would be considered for computing my total tax in india?
Q3: Do I need to pay tax in India on the amount I earned for which I would be paying the tax in abroad?
Q4: What are the supporting documents I would require to produce at the time of filing IT returns?

Thanks & Regards
A V Vishal (Expert) 12 January 2011
Q1: Now how do i file my IT return in India, for the above scenario?

Ans. You have to file returns for the Indian Income upto Nov 2009. Subsequent income earned outside India and suffered tax will have special treatment as per provisions of I.T.

Q2: What amount would be considered for computing my total tax in india?

Ans. Both the Indian Income & Foreign Income will be considered subject to the provisions mentioned above.

Q3: Do I need to pay tax in India on the amount I earned for which I would be paying the tax in abroad?

Ans. No

Q4: What are the supporting documents I would require to produce at the time of filing IT returns?

Ans. Depends on the sources of income you are deriving in India apart from Salary and evidences of any deductions/exemptions which can be claimed by you in your ROI.
Sathyan A.R. (Expert) 13 January 2011
You are Resident in India as per section 6 of the I.T.Act, hence you are liable to tax in India in respect of Indian Income as well as income accrued or arisen out side India.
So you have to file your return in India in the I.T.Officer's jurisdiction where you have been filing return which is already delayed by yo till now.

Secondly in respect of your income which you have earned abroad and on which you have paid tax already, you may get double income tax relief if the country which has deducted tax on your income has entered in to double income tax agreement with India.

To be able to get exact details yo have to consult a tax expert who will be able to guide you on your status and the taxable income in India.

Avt.A.R.Sathyan
982252492


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