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CBDT ISSUES CLARIFICATION ON THE NEW PROVISION PERTAINING TO RESIDENCE IN INDIA

  • Posted By SuperCA
  • On 07 March

CBDT ISSUES CLARIFICATION ON THE NEW PROVISION PERTAINING TO RESIDENCE IN INDIA

Central Board of Direct Taxes has said that The Finance Bill, 2020 has proposed that an Indian citizen shall be deemed to be resident in India if he or she is not liable to be taxed in any country or jurisdiction. It said that the new provision in Finance Bill, 2020 is not intended to include in tax net those Indian citizens who are bonafide workers in other countries. 

CBDT issued a clarification on the new provision pertaining to residence in India saying this is an anti-abuse provision since it is noticed that some Indian citizens shift their stay in low or no tax jurisdiction countries to avoid payment of tax in India. 
CBDT noted that the interpretation by some section of the media that Indians who are bonafide workers in other countries, including in the Middle East, and who are not liable to tax in these countries, will be taxed in India on the income that they have earned there is incorrect. 

It stated that in case of an Indian citizen who becomes deemed resident of India under this proposed provision, income earned outside India, shall not be taxed in India unless it is derived from an Indian business or profession.

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