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Indian tribunal ruling in Binny Bansal case may restrict NRI visits to India, tax expert warns

The tribunal rejected Bansal’s claim that he qualified as a non-resident for tax purposes and denied him relief under the India–Singapore Double Taxation Avoidance Agreement (DTAA).

Binny Bansal / Courtesy: IANS

A recent ruling by the Bengaluru bench of the Income Tax Appellate Tribunal (ITAT) in the case of Flipkart co-founder Binny Bansal could sharply restrict the ability of Indians working overseas to visit India without triggering resident tax status, according to tax expert Ved Jain.

In a detailed order dated Jan. 9, the tribunal rejected Bansal’s claim that he qualified as a non-resident for tax purposes and denied him relief under the India–Singapore Double Taxation Avoidance Agreement (DTAA). The ruling upheld the tax department’s application of Section 6(1)(c) of the Income Tax Act, which determines residential status based on the number of days spent in India.

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