Ask Jurishour AI

Generic selectors
Exact matches only
Search in title
Search in content
Post Type Selectors
tdb_templates
saswp_reviews
saswp-collections
saswp_rvs_location
tdc-review-email
web-story-font
web-story
googlesitekit_email
tds_locker
tds_email
saswp
mailpoet_page
mailpoet_email
tdcpt_tunes
tdc-review
pronamic_payment
pronamic_gateway
pronamic_pay_subscr
wpcode
HomeDirect TaxSalary Earned By Chinese Tax Resident for Work Performed in China Not...

Salary Earned By Chinese Tax Resident for Work Performed in China Not Taxable in India Even If Credited to Indian Bank Account: ITAT

Published on

🚀 Stay Connected With JurisHour

WhatsApp X Telegram

The Income Tax Appellate Tribunal (ITAT), Chennai Bench, has held that salary income earned by a Chinese tax resident for work performed in China will be taxable only in China even if such salary was credited to the taxpayer’s Indian bank account due to administrative convenience.

The bench Manu Kumar Giri (Judicial Member) and S. R. Raghunatha (Accountant Member), held that the assessee was a tax resident of China and rendered services in China. Under Article 15(1) of the India-China Double Taxation Avoidance Agreement (DTAA), salary income is taxable only in the state where the employment is exercised. The mere credit of salary in an Indian bank account for administrative convenience does not trigger taxability in India.

The appellant/assessee, Sivakarthick Raman is an employee of BMW India Pvt. Ltd., who was seconded to BMW Brilliance Automotive Limited, China (BMW China), during FY 2021–22. While his payroll remained in India, the Tribunal ruled that the situs of employment—not the place of salary receipt—determines taxability.

The appellant, who was not present in India during the relevant fiscal year and qualified as a tax resident of China, received salary in his Indian bank account for services rendered exclusively in China. The AO, however, denied exemption under Article 15(1) of the DTAA and taxed the salary in India, citing that it was credited by an Indian employer.

In his return for AY 2022–23, the taxpayer claimed a refund of ₹52.22 lakh on tax deducted at source in India, arguing that the salary of ₹1.53 crore was not taxable in India under DTAA provisions. His claim was backed by documentary evidence including employment contracts, secondment agreements, China tax returns, and reconciliation of Indian Form 16 data with actual cross-charge to BMW China.

The Tribunal overruled the AO’s reliance on Section 5(2) of the Income Tax Act and Article 23 of the DTAA, stating that Article 15 operates independently and was clearly applicable in this case.

Case Details

Case Title: Sivakarthick Raman Versus Assistant Commissioner Income Tax 

Case No.: ITA No.:281/Chny/2025

Date:  07.07.2025

Counsel For  Appellant: Preeti Goel, Advocate

Counsel For Respondent: Anitha, Addl. C.I.T.

Read More: Income Tax Dept. Cracks Down on Bogus Deductions, Rs. 1,045 Crore in False Refunds

Mariya Paliwala
Mariya Paliwalahttps://www.jurishour.in/
Mariya is the Senior Editor at Juris Hour. She has 7+ years of experience on covering tax litigation stories from the Supreme Court, High Courts and various tribunals including CESTAT, ITAT, NCLAT, NCLT, etc. Mariya graduated from MLSU Law College, Udaipur (Raj.) with B.A.LL.B. and also holds an LL.M. She started her career as a freelance tax reporter in the leading online legal news companies.

Latest articles

No Mini-Trial at Cognizance Stage: Directors’ Claim of Cooperation Must Be Examined During Trial

The Karnataka High Court has refused to quash criminal proceedings against two individuals facing...

Missing Seized Records Must Be Considered While Testing ITC Claim; Duplicate GST Demands Ordered Corrected: Delhi HC

The Delhi High Court has held that the tax department’s inability to furnish seized...

Capital Addition Can’t Be Taxed on Assumptions in Reassessment: Allahabad HC

The Allahabad High Court has upheld the deletion of a ₹2.73 crore addition made...

GST Appeal Can’t Be Rejected Without Addressing Taxpayer’s Grounds: Allahabad HC

The Allahabad High Court has set aside an appellate order concerning cancellation of GST...

More like this

No Mini-Trial at Cognizance Stage: Directors’ Claim of Cooperation Must Be Examined During Trial

The Karnataka High Court has refused to quash criminal proceedings against two individuals facing...

Missing Seized Records Must Be Considered While Testing ITC Claim; Duplicate GST Demands Ordered Corrected: Delhi HC

The Delhi High Court has held that the tax department’s inability to furnish seized...

Capital Addition Can’t Be Taxed on Assumptions in Reassessment: Allahabad HC

The Allahabad High Court has upheld the deletion of a ₹2.73 crore addition made...