Case Law Details
Durga Prasad Sana Vs ITO (ITAT Hyderabad)
The recent Income Tax Appellate Tribunal (ITAT) Hyderabad case of Durga Prasad Sana Vs ITO brings into focus the tax implications of foreign assignment allowances for Indian residents working abroad. The crux of the case was whether the foreign assignment allowance received by the assessee (Durga Prasad Sana), who was stationed in Abu Dhabi, should be taxed in India or not.
The Background
Durga Prasad Sana, an employee of IBM India Private Limited, was sent on a long-term assignment to Abu Dhabi, UAE. While his salary was paid in India, it included a component of a foreign allowance received outside the country. The Assessing Officer initially argued that the allowance was taxable in India since the employment contract was based here.
Points of Contention
Please become a Premium member. If you are already a Premium member, login here to access the full content.
