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Date of entry - 17 Nov 2013
No. of days in India - 231
No. of days in USA - 134

For duration of US stay, I got regular pay with all tax deduction. I did file US tax returns for 2013.

By Indian tax law, I am Indian resident for financial year 2013-2014 (stay more than 180 days). so I have to pay taxes on my global income which include my US salaries on which I already paid taxes.

Question 1 : Am I eligible for double taxes relief law as per DTAA.
Question 2 : If no, can I claim my USA expenses for India tax declaration.

Any immediate help would be appreciated. Thanks in advance

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1 Answer 1

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Please consult a professional CA.

Am I eligible for double taxes relief law as per DTAA.

As per the DTAA The deduction is only to the extent of Federal Taxes.

The computation would be in 2 parts.

First On India Salary, less of deduction, there is Indian Tax [T1]. 
Add US Income and arrive at Additional Indian Tax on US income [T2]. 
Say the US Federal taxes is [T3].
Arrive at Net Indian Taxes as T4 = T2-T3.
If T4 is negative, then total taxes is T1. Else it is T1+T4 

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