The Income-tax Act, 1961, seeks to tax India-sourced income in the hands of all kinds of assessees, irrespective of their residential status which is determined based on their physical presence in India.
Even in cases when they are away, they continue to be liable to tax in India and the consequent compliance requirements such as obtaining a Permanent Account Number and filing the annual return of income with the tax authorities.
Additionally, while they are away from India, they may qualify to be a resident of another country, and thus be liable to tax on the same income, not only in India, but also in the second country.
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Sumes Dewan is a partner at KR Chawla & Co Advocates & Legal Consultants. The firm is headquartered in New Delhi and has offices in Chennai and Bangalore as well as a representative office in Singapore.
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