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What double taxation law says? (India & UK)?


Hi,
I earned X money in UK for april month on work permit.Now X money includes house allowance(HRA) & subsistence,on the rest of taxable money I gave tax to UK govt. , when I came back to my parent company(In India) here they are taking whole X money as taxable , moreover I can not claim for HRA for April month,what double taxation law says? or what can be done?

All depends on your status as to whether U R resident or non-resident during the period under the Income Tax laws of India.
The tax on income is governed by DTAA between India and UK.Since U have already paid tax in UK; credit of said tax paid should be admissible.Further, if allowances are spent outside India and are not brought back; these should not be taxable in India.
Click on the link below for Indo-UK DTAA
http://www.allindiantaxes.com/uk%20.php

Mr. Sandy it is a well settled law that where are the Indian Government have tax treaty with the other country, than double taxation will not be charged with any person, here in your case we can see it in two aspect
1. The Income Earned Due and Paid outside India, shall be taxed outside India. If is so than you don't have to pay the taxes against that income in India because you already paid taxes there.
2. The Income Earned/Due Outside India but Paid in India than you have to pay tax in India, if you paid tax on that income outside India than you have to take certificate from the UK office that your tax had been deducted there and that tax amount can be adjusted here in India from your TDS Amount so that you can avail the credit of it.

As per my opinion you can be charged in India from the May month onwards, since for the April you had been already assessed in UK. and your parent company (in India) have just only to deduct TDS from month of May onwards.

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