Income tax query

Hi,

This is query on income tax filing and refund. For AY 2015-2016, From May till Oct 2015, I was in UK. In Nov, I was in India when my company deducted tax for entire year from salary. I returned back to US in Dec (I was in India just month of Nov.) From Dec to Mar 2015, I was in US. I was getting salary in UK pound and US dollar. I just got salary in INR in Nov 2015.

My query is will I get tax refund on the tax deducted by my company? Let me know if any query.

Thanks,
Amol.
Asked 6 months ago in Income Tax from Mumbai, Maharashtra
Dear Sir ,  First step will be to determine the residential status of you in the FY 2015-2016 . This can be determine with the actual no of stay in india and your earlier year stay in India .
Once you are resident in India , your global income will be taxable in India . Thus you have to pay the tax on your all salary income whether earned in India or out of India .
However , the salary is charged to tax on the basis of actual stay in that country and in this case it may happen that you have paid the taxes in US or UK too  through the TDS .
If you have paid the taxes in that country , you can claim the Foreign Tax credit as per India USA DTAA and India UK DTAA.
Hence in view of the above , there are possibilities of the refund .  However this is a fact specific issue and all the above issue should be checked before any conclusion.
Prakash Sinha
CA, Delhi
112 Answers
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  Talk to Prakash Sinha
Dear Sir,

As per the above fact, you seems to be non resident in India. Hence, only the salary received/accrued in India will be taxable in India.

If your employer has deducted TDS on entire amount that is salary received in UK plus salary received in India, you will be eligible for getting refund of excess TDS. You have to claim it in the return.

We can help you in filing your return. Please feel free to contact me if you need any additional clarification on the above.

Thanks and Regards,
CA Abhishek Dugar
Caabhishekdugar@gmail.com
Abhishek Dugar
CA, Mumbai
773 Answers
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  Talk to Abhishek Dugar
Hello Amol,

As per the information provided by you it appears that you were a Non Resident in India for the FY 2015-16. In such a case only Income earned/ accrued in India shall be taxable which in your case is the salary for the month of November received in India,

You can very well file your Income tax returns and claim the refund for the respective amount.

Trust this clarifies your query. 

Please feel free to call/ get back in case of any further clarifications. 

Thanking You. 

Regards,
Rohit R Sharma
BCOM, ACA, LLB-GEN, CERT. FAFP
Rohit R Sharma
CA, Mumbai
719 Answers
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Seems you are having your answers from other professional colleague. Thus will not comment on the said query. In case of futher clarifications you can mail on modani005@gmail.com
Shyam Sunder Modani
CA, Hyderabad
955 Answers
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Your welcome sir.
Abhishek Dugar
CA, Mumbai
773 Answers
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  Talk to Abhishek Dugar
You are welcome Amol :)
Rohit R Sharma
CA, Mumbai
719 Answers
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  Talk to Rohit R Sharma

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