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A Non-Resident Indian Need Not File Any Income Tax Return In Certain Cases

[ Special Procedure of Assessment regarding Income of an NRI from Foreign Exchange Assets. ]

A very important privilege is granted to a non-resident Indian who has income from foreign exchange assets only. Thus, it is provided in Section -115G that a non-resident Indian is not required by Section 139(1) to file an income tax return, if both the conditions as given below are fulfilled, namely:

  1. his total income in respect of which he is assessable under the Income Tax Act during the previous year consisted only of investment income or income by way of long-term capital gains or both; and

  2. the tax deductible at source under the provisions of Chapter XVII has been deducted from such income.

Thus, it is clear that where the requisite income tax is deducted at source from the income of a non-resident Indian and he has only investment income or long-term capital gains relating to foreign exchange assets, he is not required to furnish any income tax return.

 
Special Procedure of Assessment regarding Income of an NRI from Foreign Exchange Assets
1. Special Provision Of Computation Of The Total Income Of A Non-Resident Indian
2. Who Is A Non-Resident Indian For The Purposes Of These Special Provisions?
3. Specified Foreign Exchange Assets Income From Which Is Eligible For The Special Provisions Of Assessment
4. Income Tax On Investment Income And Long-Term Capital Gains Of An NRI
5. When Is No Income Tax Payable On The Long-Term Capital Gains Of Foreign Exchange Assets?
6. A Non-Resident Indian Need Not File Any Income Tax Return In Certain Cases
7. When Does The Special Procedure Continue To Apply To A Person Even After He Becomes A Resident In India?
8. NRIs Have The Option Not To Be Governed By The Special Provisions
9. Tax Planning Guidelines For An NRI Having Income From Foreign Exchange Assets As Well As Other Income

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