Whether Foreign Income Received In India Is Taxable In India?

Indian tax provisions provide that if a foreign salary income (for services rendered outside India) is taxable in India if the employer pays that salary into a bank account in India. In this regard, in many cases matters reached to Tribunals/Courts for seeking relief in such situations. Courts/Tribunals in a number of cases held that foreign salary income cannot be taxed in India merely on the ground that it is received directly in a bank account in India. Courts also held that TDS deduction cannot be criteria for taxability. Courts also held that the taxpayer has full control of receiving this income outside India then just receiving it in India should not make it taxable under the provisions of India Tax Laws.

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