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CA. Sachin Data

17-Jun-2011 , 03:18:49 am

As per my opinion, if he is a NRI and he is not deriving any income from India, then he is not assessable under the IT Act. In your case, it seems that he has derived all his income from Austrailia and therefore he doesn't come under the purview of IT Act & he is under no obligation to show the income in India. The status of the tax paid in Austailia is irrelevant. The fact that he has transferred all his money in the NRE account in India doesn't alter the situation.

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Sourabh Gupta

22-Jun-2011 , 01:07:04 am

Section 6 of income tax act talks about 3 types of person from the point of view of taxability. It seems dat ur client is neither the 'Resident' nor 'resident but not ordinary resident

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Sourabh Gupta

22-Jun-2011 , 01:11:09 am

Section 6 of income tax act talks about 3 types of person from the point of view of taxability. It seems dat ur client is neither the 'Resident' nor 'resident but not ordinary resident'in India. Accordingly being a 'Non resident'in India, he is not required to pay any tax in India or to file any ITR irrespective of is tax status in Australia or transfer to any account...