The taxablity of income earned abroad – in countries that have tax agreements with India – has been a subject of considerable debate and controversy.
One recent case settled one aspect of this question, at least in regards to the tax agreement between India and Malaysia.
Partner
KR Chawla & Co
Section 5 of the Income Tax Act, 1961, states that the total income of any previous year of a person who is a resident includes all income from whatever source derived which is received or is deemed to be received in India in such year by or on behalf of such person; or accrues or arises or is deemed to accrue or arise to him in India during such year; or accres or arises to him outside India during such year.
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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.
KR Chawla & Co
Head Office
7th Floor, Kailash Building
26, Kasturba Gandhi Marg
New Delhi – 110 001
India
Tel: +91 11 2335 7658-61
Fax: +91 11 2331 9997
Email: krclo@krcco.com
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#32-01 Suntec Tower 2
Singapore – 038989
Tel: +65 6432 5220
Fax: +65 6332 1485
Email: krlcosingapore@krcco.com
