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Incidence of Tax – Individual & HUF
Resident and
Ordinarily
Resident in India
Resident but Not
Ordinarily
Resident
in India
Non –
Resident
in India
[1] Indian Income Taxable in India Taxable in India Taxable in
India
[2] Foreign Income
- If it is business income
and business is controlled
wholly or partly from India
Taxable in India Taxable in India Not Taxable in
India
- If it is income from profession
which is set up in India
Taxable in India Taxable in India Not Taxable in
India
- If it is business or professional
Income and business or profession is
set up and controlled from outside
India
Taxable in India Taxable in India Not Taxable in
India
- Any other foreign income Taxable in India Taxable in India Not Taxable in
India
Incidence of Tax
The provisions regarding incidence of tax above may be summarised in the following table:
Particulars of Income Whether Taxable
Resident and
Ordinarily
Resident
Not-Ordinarily
Resident
Non-Resident
1. Income received or deemed to be received in India whether
earned in India or elsewhere.
Yes Yes Yes
2. Income which accrues or arises or is deemed to accrue or arise
in India during the previous year, whether received in India or
elsewhere.
Yes Yes Yes
3. Income which accrues or arises outside India and received
outside India from a business controlled from India.
Yes Yes No
4. Income which accrues or arises outside India and received
outside India in the previous year from any other source.
Yes No No
5. Income which accrues or arises outside India and received
outside India during the years preceding the previous year and
remitted to India during the previous year.
No No No

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Incidence of Tax (1).pdf

  • 1. Incidence of Tax – Individual & HUF Resident and Ordinarily Resident in India Resident but Not Ordinarily Resident in India Non – Resident in India [1] Indian Income Taxable in India Taxable in India Taxable in India [2] Foreign Income - If it is business income and business is controlled wholly or partly from India Taxable in India Taxable in India Not Taxable in India - If it is income from profession which is set up in India Taxable in India Taxable in India Not Taxable in India - If it is business or professional Income and business or profession is set up and controlled from outside India Taxable in India Taxable in India Not Taxable in India - Any other foreign income Taxable in India Taxable in India Not Taxable in India
  • 2. Incidence of Tax The provisions regarding incidence of tax above may be summarised in the following table: Particulars of Income Whether Taxable Resident and Ordinarily Resident Not-Ordinarily Resident Non-Resident 1. Income received or deemed to be received in India whether earned in India or elsewhere. Yes Yes Yes 2. Income which accrues or arises or is deemed to accrue or arise in India during the previous year, whether received in India or elsewhere. Yes Yes Yes 3. Income which accrues or arises outside India and received outside India from a business controlled from India. Yes Yes No 4. Income which accrues or arises outside India and received outside India in the previous year from any other source. Yes No No 5. Income which accrues or arises outside India and received outside India during the years preceding the previous year and remitted to India during the previous year. No No No