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    <title>2025 (12) TMI 1506 - ITAT KOLKATA</title>
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    <description>Salary received by a non-resident for services rendered outside India was examined for taxability under s.5(2)(b) as &quot;income accruing or arising in India.&quot; Applying the settled rule that salary accrues at the place where services are actually rendered, and noting the absence of any material showing that services were performed in India (the assessee having worked abroad and stayed in India only briefly), the Tribunal held that the employer&#039;s Indian status or payment/disbursement from India does not shift the situs of accrual to India. Consequently, foreign assignment salary for services rendered abroad was held not taxable in India, and the appeal was allowed.</description>
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      <title>2025 (12) TMI 1506 - ITAT KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=783966</link>
      <description>Salary received by a non-resident for services rendered outside India was examined for taxability under s.5(2)(b) as &quot;income accruing or arising in India.&quot; Applying the settled rule that salary accrues at the place where services are actually rendered, and noting the absence of any material showing that services were performed in India (the assessee having worked abroad and stayed in India only briefly), the Tribunal held that the employer&#039;s Indian status or payment/disbursement from India does not shift the situs of accrual to India. Consequently, foreign assignment salary for services rendered abroad was held not taxable in India, and the appeal was allowed.</description>
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