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Microlesson · 5-min read

Salary deemed to accrue or arise in India — Government employees serving outside India [Sec 9(1)(iii)]

# Salary paid by Government of India for services rendered outside India

## Core Rule

When the Government of India pays salary to an Indian citizen for services rendered outside India, the salary is deemed to accrue or arise in India and is therefore taxable in India — regardless of where the services are performed or where the salary is received.

## Important Carve-Out — Section 10(7)

Although the salary is taxable, any allowances or perquisites paid by the Government outside India to such employees are fully exempt under Section 10(7).

ComponentTaxability
SalaryTaxable in India
Allowances paid outside IndiaExempt u/s 10(7)
Perquisites paid outside IndiaExempt u/s 10(7)

## Connected Point — Rest / Leave Period

For an employee posted abroad, salary for the rest period and leave period (before, between, or after foreign assignments) is also taxable in India if the service contract spans such periods (e.g., April 2025 → July 2025 work, rest period, Sept 2025 work, leave period, return March 2026 — all salary taxable).

## Key Takeaway

The status of the payer (Government of India) and the citizenship (Indian) of the recipient are the trigger conditions — the place of rendering service is irrelevant for the salary, but is relevant for claiming exemption of allowances/perks.

Worked example

### Example 1

Example: Mr. A, an Indian citizen, is employed by the Government of India and posted to the Indian Embassy in London for the entire PY 2025-26. He receives:

  • Basic Salary: ₹12,00,000
  • Foreign allowance paid in London: ₹6,00,000

Taxability:

  • Basic Salary ₹12,00,000 → Taxable in India (deemed to accrue u/s 9(1)(iii))
  • Foreign allowance ₹6,00,000 → Exempt u/s 10(7)

⚠️ Common exam mistakes

  • Treating the entire package (salary + allowances) as exempt because the employee is posted abroad — only allowances/perquisites get the 10(7) exemption, not the salary.
  • Assuming the rule applies to non-Indian citizens working for the Government of India — it applies only to Indian citizens.
  • Forgetting to tax salary for the rest/leave period sandwiched between foreign postings.
Bare-Act text Section 9(1)(iii) read with Section 10(7) · Income-tax Act, 1961 · click to expand
Section 9(1)(iii): Income chargeable under the head 'Salaries' payable by the Government to a citizen of India for service rendered outside India shall be deemed to accrue or arise in India. Section 10(7): Any allowances or perquisites paid or allowed as such outside India by the Government to a citizen of India for rendering service outside India shall not be included in computing the total income.
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