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Claiming credit for the tax paid in UK
June, 28th 2008

I am an IT employee. In the last financial year I was transferred to UK for about eight months.

During the period when I was in UK, the salary was paid to me there after deducting the taxes that are payable in the UK.

If I were to transfer the income earned in UK to India, will the same be taxable in India, particularly given that the same has already been taxed in the UK? Hemant Pant

From the facts given by you and assuming you have been working in India throughout prior to going to the UK, you would be a resident and ordinarily resident in India in accordance with the Section 6 of the Income Tax Act. You are also most likely to be a resident of India in accordance with Article 4 of the Double Taxation Avoidance Agreement between India and UK.

Given this background, the salary earned in UK would be taxable in India whether or not the same is transferred to India.

You may, however, claim credit for the tax paid in UK and reduce the Indian tax payable by the taxes paid in UK in accordance with the Double Taxation Avoidance Agreement between India and UK.

Such credit should, however, not exceed the tax payable in India on such doubly taxed income.

It is understood that the Section 139 of the Income Tax Act has been amended by substituting the words 30th September in place of the words 31st October with effect from April 1, 2008.

In the given context, I request you to clarify whether the due date for filing returns for an assessee subject to tax audit under Section 44AB for the assessment year 2008-09 would be October 31, 2008 or September 30, 2008. Subrahmanyan

Your are correct in pointing out that the term due date in the second explanation to Section 139(1) has been amended, so as to provide that in the case of a company, any other person subject to audit under the Income Tax Act or any other Act or in case of a working partner of a firm whose accounts are to be audited under the Income Tax Act or under any other Act, the due date would be the 30th day of September of the assessment year, as against the due date being the 31st day of October of the assessment year, prior to the amendment made by the Finance Act 2008, with effect from April 1, 2008.

Given that the amendment has been made with effect from April 1, 2008, it will have to be understood that even for the assessment year 2008-09, the return of income in case of a person subject to audit under Section 44AB will have to be filed on or before September 30, 2008.

Tuition fees payable for the education of children was earlier eligible for tax benefit up to a maximum limit of Rs 12,000 per child and further subject to a maximum of up to two children.

Kindly clarify whether these limits still applies? Bala

Section 80C allows a deduction in respect of tuition fees (excluding any payment towards any development fees or donation or payment of similar nature) whether at the time of admission or thereafter.

To any university, college, school or other educational institution situated in India.

For the purpose of full-time education of any two children of an individual.

Section 80C does not, however, place any restriction on the quantum of tuition fee that would be eligible for deduction.

Section 80C, however, has an overall restriction whereby the deduction under this section cannot exceed Rs 1 lakh.

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