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The Tax Department may raise an issue in the assessment but the Court decisions will help you.
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The provisions of Section 194 IA are applicable only if there is a transferor and a transferee.
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If you are a non-resident under the Income Tax Act, then any income accrued or earned outside India is not taxable...
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The transaction between two nonresident foreign citizens is with respect to assets which is situated in India.
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The moment you convert business assets into capital assets i.e. investment, business income arises.