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Resident but not ordinarily resident under Scope of Total Income

Under section 5(1), the computation of total income of resident but not ordinarily resident is the same as in the case of resident and ordinarily resident stated above except for the fact that the income accruing or arising to him outside India is not to be included in his total income.

However, where such income is derived from a business controlled from or profession set up in India, then it must be included in his total income even though it accrues or arises outside India.


 

The total income of a resident assessee would, under section 5(1), consist of:

(i) income received or deemed to be received in India during the previous year;

(ii)  income which accrues or arises or is deemed to accrue or arise in India during the previous year; and

(iii)  income which accrues or arises outside India even if it is not received or brought into India during the previous year.

In simpler terms, a resident and ordinarily resident has to pay tax on the total income accrued or deemed to accrue, received or deemed to be received in or outside India.

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