The appellant qualified as a non-resident in India during the ...

Non-resident's foreign income not taxable in India. Stock options for foreign services not taxable. Tax treaty benefits allowed.

Case Laws     Income Tax

August 7, 2024

The appellant qualified as a non-resident in India during the previous year 2015-16. A non-resident is taxable in India only for income received/deemed to be received or accrued/deemed to accrue in India. The foreign allowances received by the appellant in the United Kingdom for services rendered there do not fall within the scope of total income u/s 5(2) of the Act. The value of stock option prerequisites accrued to the appellant for services rendered outside India from the date of grant to vesting does not form part of the total income of a non-resident and is not taxable in India. Section 90(2) of the Act applies, and the appellant is eligible for exemption under Article 16(1) of the India-UK DTAA, having filed a tax residency certificate qualifying as a UK tax resident. The disallowance of deductions under Chapter VI-A and long-term capital gain exemption u/s 10(38) were allowed by the CIT(A) subject to verification.

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