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AI Drafter

Generate professional replies to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.

Step 1 – Issue Identification & Review

The AI analyses your query, notice, order, or uploaded documents and identifies the key issues involved.

• Review the issues identified by the AI
• Add, edit, remove, or refine issues as required


Step 2 – Draft Generation

Once you approve the issues, the AI performs issue-wise legal research and prepares a structured draft response.

• Relevant statutory provisions
• Judicial precedents and Supreme Court, High Court and other citations
• Issue-wise legal analysis
• Practical arguments and supporting content
• Professionally structured draft ready for further review.

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Taxability of Foreign Allowance paid in India

arun das

Kindly guide on the following issue

1. An official of a PSU was deputed to Japan for a period of 18 months, who is treated equivalent to 'Minister'

2. He was entitled for allowance at par with that of 'Minister'

3. Japanese authority had paid him certain allowance in their currency (which is lower than the amount he was actually eligible for). The amount was received in Japan only.

4. Now, the difference amount is being paid by the PSU to him, in India( Eligible amount , less already paid by Japanese authority ).This is for the period of service at Japan.

Query

Whether the differential amount beng paid now to the official,by the PSU -in India, for the service provided at Japan is taxable or not?

Taxability of foreign allowance: whether differential payment made in India for overseas service is taxable under income tax. Whether a differential allowance paid in India by the PSU to an employee for service rendered in Japan is taxable under Indian income tax law; facts show part payment was made abroad by a foreign authority and the employer pays the shortfall in India, raising questions about characterization as taxable salary/allowance and the operation of source and place of performance rules. (AI Summary)
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KASTURI SETHI on Mar 5, 2020

Whether your query is about applicability of GST on the differential amount ? Title indicates that the query is about Income Tax. P. confirm.

arun das on Mar 5, 2020

Sir. Its about applicability of Income Tax .

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