Texas Instruments (India) Pvt. Ltd., In Re (2018) 401 ITR 289 / 253 Taxman 509 /162 DTR 305/ 301 CTR 1 (AAR)

S. 5 : Scope of total income – Non-resident — Employees of Indian company sent on assignments – Employees residents of those countries and liable to tax on their worldwide income in those countries for period of their assignment income did not accrue in India and not chargeable to tax in India — Indian Company is not liable to deduct tax on salaries paid in India — Once employees returned and became residents Indian Company can give credit for taxes deducted during deputation outside India – Indian company is not liable to deduct tax on split pay and perquisites received in India but accrued outside India. DTAA- India – USA [ S. 2(45) 4, 5(2) 9(1)(ii), 15, 90, 192 , Art.4(1) , 25 ]

Authority held that ; Employees of Indian company sent on assignments , employees residents of those countries and liable to tax on their worldwide income in those countries for period of their assignment income did not accrue in India and not chargeable to tax in India  Indian Company  is not liable to deduct tax on salaries paid in India .Once employees returned and became residents Indian Company can give credit for taxes deducted during deputation outside India . When payments were received from more than one source during a particular year, the present employer could give credit for the taxes deducted during his deputation outside India. In the absence of any other provision, recourse to the specific provision in  S.192(2) alone was possible. This provision cast an obligation on the employee to furnish to the employer, the applicant, such details of the salary, etc., received by him from the other employer, the tax paid or deducted therefrom, and other particulars, and the employer would examine and take into account such details before computing the tax deductible.