[binand]

Originally Posted by theMandarin

Regarding the NRI status, i think it applies because i left India for employment which is covered as special case to the 4 year/60 day rule that you stated but i will check again.

Let us clear this up first. As per section 6 of the IT Act (which I just re-read), you are not an NRI and not RNOR based on information you provided ("I went overseas for my first offshore deputation starting November have been living outside India"). So you are a Resident Indian in AY2018-19 - assuming you left India in November 2017 - and your worldwide income is taxable in India.

Originally Posted by theMandarin

I noticed that the Form 16 issued by my employer does not account for the foreign allowance although my Indian salary component was also deposited in the overseas account. Can i assume that if it is not accounted for in Form 16, it is not taxable?

Ha. Fat chance. If it is income (but not exempt income), then it is taxed.

At this point things become a bit complicated and has to be personalised. Cleartax has a nice write-up here:

https://cleartax.in/s/claim-tax-cred...esident-indian

The German DTAA is here: https://www.incometaxindia.gov.in/DT...0000000028.htm

[theMandarin]

Originally Posted by binand

Let us clear this up first. As per section 6 of the IT Act (which I just re-read), you are not an NRI and not RNOR based on information you provided ("I went overseas for my first offshore deputation starting November have been living outside India"). So you are a Resident Indian in AY2018-19 - assuming you left India in November 2017 - and your worldwide income is taxable in India.

Thank you again.

Just to make sure i didn't misunderstand the act, i wanted to run this by you. I am definitely not an NRI as of today but i understand that i will be considered one as long as i stay until the second week of October.

I am basing this calculation on two factors:

• I would have been physically out of India for more than 183 days for AY2018-19
• As i traveled for employment, the 60 days clause will be substituted by 182. Directly quoting the IT act clause i am referring to below for reference:
  
  Residence in India.
  
  6. For the purposes of this Act,—
  
  (1) An individual is said to be resident in India in any previous year, if he—
  
  (a) is in India in that year for a period or periods amounting in all to one hundred and eighty-two days or more ; or
  
  (b) [***]
  
  (c) having within the four years preceding that year been in India for a period or periods amounting in all to three hundred and sixty-five days or more, is in India for a period or periods amounting in all to sixty days or more in that year.
  
  Explanation. 1—In the case of an individual,—
  
  (a) being a citizen of India, who leaves India in any previous year as a member of the crew of an Indian ship as defined in clause (18) of section 3 of the Merchant Shipping Act, 1958 (44 of 1958), or for the purposes of employment outside India, the provisions of sub-clause (c) shall apply in relation to that year as if for the words "sixty days", occurring therein, the words "one hundred and eighty-two days" had been substituted ;
  
  (b) being a citizen of India, or a person of Indian origin within the meaning of Explanation to clause (e) of section 115C, who, being outside India, comes on a visit to India in any previous year, the provisions of sub-clause (c) shall apply in relation to that year as if for the words "sixty days", occurring therein, the words "one hundred and eighty-two days" had been substituted.
  
  

I hope i am not wrong here.

Moreover technically speaking i think i can also plan a short vacation in the later part of the year to reduce the days i was physically present in India ?

[Chetan_Rao]

I'm yet to receive the final intimation U/S 143(1) for my return filed in mid-July. I've always received it within a month or so in prior years.

What gives?

[arindambasu13]

Originally Posted by Chetan_Rao

I'm yet to receive the final intimation U/S 143(1) for my return filed in mid-July. I've always received it within a month or so in prior years.

What gives?

Its family random and arbitrary in my experience. While last year it took me till November for the refund to actually be issued, this year, I have not only received the intimation, but also received the refund credit to my account within a couple of days thereafter.

Wait for a few more days, and Im sure you'll receive the intimation sooner rather than later. High value refunds might also take more time than smaller refunds.

[Kulin_Shah]

I filed ITR1 on 4th Jul. I always file in the 1st week of July. The assessment order comes sometime in August sometime in September depending on the amount of refund. Standard process has been to get a SMS first, then an e-mail the next day and then the refund withing 7 days.

This time it is DIFFERENT. The refund has just come in yesterday. NO SMS, NO E-MAIL, Does not even show on the website after logging-in!!!!!!!

It's Supernatural!

[deehunk]

I have to get a refund of Rs.2.2 lakhs, special thanks to finance team at my office for screwing up the tax calculation. I am still waiting for the refund and final intimation.

[PGA]

It happened with me as well, got the money in my account and SMS and email followed four days later. All the while I was thinking IT deptt has started some kind of social service.

It went the other way around for my wife she had to wait a week after the issue of email/SMS.

[turbospooler]

Hello BHPians,
I wanted to check what are the latest rules on the limit on interest on home loan for second home which can be exempt from income tax.
I have heard that the entire interest cost less the rent income (even in case where it is not occupied, a notional rent is taken) is tax deductible.
Is it true?

[Rodie09]

Total limit on interest exemption for home loan on 2nd (and 3rd, 4th....together) is 2 lacs.

Notional rent or actual rent minus the maintenance standard deduction and local tax will be considered as income from property.

Taxable income will be: loss as interest minus income from house as stated above.

The unlimited exemption was true until FY 2016-17

Hope that helps.

[lapis_lazuli]

Originally Posted by Rodie09

Total limit on interest exemption for home loan on 2nd (and 3rd, 4th....together) is 2 lacs.

I think it is all houses put together, self occupied (first) and then 2, 3, 4....


Sum of all interest paid (capped) = 2 lakhs!



So it is not like first house 2 Lakhs and then second onwards another 2 Lakhs making it essentially 4 lakhs! No!



But you can treat ANY property as the self occupied one, for purposes of taxation and rebates.


My return is still showing up as successfully e-verified. Not processed yet. I filed in July.

[kutoos]

Hello Friends,

I've a query as detailed below:

I'm a salaried employee, I also take partime lectures for a University and get compensated from this service as well. The renumeration is a one time fixed amount depending on the tenure of the course, hence it will vary from year to year.

The institute already deducts 10% of the total amount paid as TDS and is available in the 26-A certificate.

So far i"ve been adding the balance received to my income and paying advance tax. My query is

1. Do i still have to pay additional tax on the professional services paid since 10% is deducted.
2. What type of tax rebates can i avail?

Any pointers in this regard will be much appreciated.

TIA.

[binand]

Originally Posted by kutoos

The institute already deducts 10% of the total amount paid as TDS and is available in the 26-A certificate.

So far I've been adding the balance received to my income and paying advance tax.

1. Do i still have to pay additional tax on the professional services paid since 10% is deducted.
2. What type of tax rebates can i avail?

I don't think that is the right approach. Suppose your taxable salary is 5L and the compensation you receive from teaching is 1L. The university then pays you 90K after 10% TDS. From what I understood, you add this 90K to your income and compute tax on total income of 5.9L. This is not correct. You need to add the full amount to your taxable income and compute tax on 6L. From this tax liability you can deduct 10K which is TDS and pay via advance tax the remainder.

Presumably your salary provider also does TDS so the calculation is a bit more complex.

Depending on the kind of relationship you have with the university, you might be able to declare that 1L as business/professional income and claim various deductions. Best to speak with an advisor/CA.

[JoshMachine]

I too received the "Certificate of Appreciation" from CBDT, Govt of India today.
A nice gesture to the taxpayer, in recognition of the contribution towards building this great nation

[San Phrangmung]

While getting work done for TDS refund, the guy who does the e payment for me took 7 thousand extra stating that few Income Tax officers in Guwahati office had to be paid the amount to get my file cleared for the tax refund from head office.

My question is if everything is done online centrally can a local tax office or the Guwahati tax office or any other location and it's officers interface and delay or stop the tax refund process of individuals ?

[Sherlocked]

Originally Posted by San Phrangmung

While getting work done for TDS refund, the guy who does the e payment for me took 7 thousand extra stating that few Income Tax officers in Guwahati office had to be paid the amount to get my file cleared for the tax refund from head office.

My question is if everything is done online centrally can a local tax office or the Guwahati tax office or any other location and it's officers interface and delay or stop the tax refund process of individuals ?

Excess tax deducted at source in a financial year can be claimed back while filing the Income Tax return in the Assessment year, i.e. next year.

May I ask with whom you got involved regarding the TDS refund and when was it deducted?