Archive · 21 Jul 2026

ITAT Rules Foreign Salary in NRE Account Not Taxable

ITAT Rules Foreign Salary in NRE Account Not Taxable

An NRI named Pralay Pradyotkanti Ghosh received a foreign salary of ₹45.66 lakh in his NRE account in India.

He claimed this salary was exempt from tax because he earned it while working in international waters.

The Assessing Officer accepted his claim after detailed scrutiny.

However, the Principal Commissioner of Income Tax later argued that the salary was taxable and initiated revision proceedings.

The ITAT ruled that the salary was not taxable in India just because it was credited to an NRE account or because tax was deducted using an Indian TAN.

The ITAT also emphasized that the Assessing Officer had conducted thorough enquiries and verification, so the revision order could not stand.

This ruling reaffirms that foreign salary earned by a non-resident for services rendered outside India is not taxable in India.

Sources