Legal Question in Tax Law in India

Tax on H1B income

I was in US from Jan 2004 thru July 31st 2004 on H1B visa, and I paid all applicable taxes on income earned in US on H1B visa. I returned to India on 2nd Aug 2004 and took up regular employment. For AY 2005-2006, I filed a tax return in India under Resident status, showing tax paid on my income earned from salary in India from Aug 2004 thru March 2005.

My assessing officer is saying that I should have included income earned in US in my Indian tax return, and claimed a refund of tax paid in US. Is he correct and do I need to file an amended return?


Asked on 4/06/09, 5:28 pm

2 Answers from Attorneys

Rohini Kumar Tenneti R.K.1080 LEGAL SERVICES

Re: Tax on H1B income

Yes Your AO is correct,this is in agreement of avoidance of double taxation.So file a revised return before the completion of that particular assessment.

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Answered on 4/07/09, 3:28 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Tax on H1B income

Yes technically he is correct.

I would advise you to follow his advice.

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Answered on 4/07/09, 3:28 am


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