Section - 10(8A) (of Income Tax Act, 1961), Income-tax Act

Section - 10(8A) (of Income Tax Act, 1961), Income-tax Act

Income Tax

Incomes not included in total income.

In the case of a consultant—


(a) any remuneration or fee received by him or it, directly or indirectly, out of the funds made available to an international organisation hereafter referred to in this clause and clause (8B) as the agency under a technical assistance grant agreement between the agency and the Government of a foreign State ; and


(b) any other income which accrues or arises to him or it outside India, and is not deemed to accrue or arise in India, in respect of which such consultant is required to pay any income or social security tax to the Government of the country of his or its origin:


Provided that nothing contained in this clause shall apply to such remuneration, fee and income of the previous year relevant to the assessment year beginning on or after the 1st day of April, 2023.


Explanation.—In this clause, "consultant" means—


(i) any individual, who is either not a citizen of India or, being a citizen of India, is not ordinarily resident in India ; or


(ii) any other person, being a non-resident engaged by the agency for rendering technical services in India in connection with any technical assistance programme or project, provided the following conditions are fulfilled, namely :—


(1) the technical assistance is in accordance with an agreement entered into by the Central Government and the agency ; and


(2) the agreement relating to the engagement of the consultant is approved by the prescribed authority for the purposes of this clause ;