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Which of the following conditions is NOT required to be satisfied by an individual for the purpose of claiming unilateral relief under section 91(1
Question



Which of the following conditions is NOT required to be satisfied by an individual for the purpose of claiming unilateral relief under section 91(1) of the Income-tax Act, 1961, in a previous year?

A.

He must be resident in India in that previous year.

B.

His total income exceeds ₹10,00,000 during that previous year.

C.

He has earned an income during that previous year from another country and that income has accrued or arisen outside India.

D.

He has paid income-tax in that country on the income earned in that country, and no Double Taxation Avoidance Agreement (DTAA) exists between India and that country.

Correct option is B

Unilateral relief under Section 91(1) of the Income-tax Act, 1961, is granted to a resident taxpayer in India to avoid double taxation in the absence of a DTAA. The individual's total income exceeding ₹10,00,000 is not a criterion for claiming this relief. The conditions are:
1. The individual must be a resident of India during the relevant previous year.
2. Income must have accrued or arisen outside India.
3. Tax must have been paid in the foreign country on the income earned.
4. No DTAA should exist between India and the foreign country.
Information Booster:
· Section 91 provides relief to Indian residents earning income in a country where no DTAA exists to avoid double taxation.
· Relief is calculated based on the average tax rate in India or the foreign country, whichever is lower.
Additional Knowledge:
· Option (a): Residency in India is mandatory to claim relief.
· Option (c): Income must accrue or arise outside India to claim relief.
· Option (d): Tax paid in the foreign country and absence of DTAA are prerequisites.

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