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Microlesson · 5-min read

Tricky Points — Standard Deduction, Stay Calculation, Foreign Business Income, NR Interest

# Tricky / Exam-Frequent Points on Scope of Total Income

## 1. Standard Deduction — When to Apply

If an exam question gives Salary and House Property income (gross figures), you must apply Standard Deduction:

HeadOld RegimeSection 115BAC (New)
Salary — Standard Deduction₹50,000₹75,000
House Property — Standard Deduction30% of NAV30% of NAV

But: if the figures are given as 'Salary (computed)' or 'House Property (computed)', they are already net of standard deduction → do not deduct again.

## 2. Calculation of Stay Outside India — Two Conventions

### Convention A — Specific Dates Given

When both departure and arrival dates are given:

  • Mr. X leaves India on 25th August 2025 and returns on 10th November 2025.
  • Days outside India = 76 days (include both the day of leaving AND day of arrival as days outside India).

### Convention B — Period Stated as 'From … To …'

When the question reads as a period ("X's stay out of India 25th Aug 2025 to 10th Nov 2025") = 78 days (count both endpoints as fully outside India).

## 3. Foreign Business Income — Treatment Across Statuses

StatusForeign business controlled from India / set up in India
RORTaxable
RNORTaxable
NRNOT taxable

₹15 lakh limit (Deemed Resident test): While computing total income for the ₹15 lakh threshold ("income other than foreign sources"), this foreign business income (controlled from India / set up in India) IS INCLUDED.

## 4. Stay of an Individual Visiting India

If the question says "X comes to India on 10th Jan 2026 and stays for 40 days" → his stay in India = 40 days. Use this approach when only the duration is mentioned (not the date of leaving).

## 5. Interest Paid by NR — Shares vs. Business

ScenarioRecipient RORRecipient RNORRecipient NR
NR borrows & invests in shares (other sources) in India → interest paidTaxableNot taxableNot taxable

Reason: For NR payer, only loan used for B/P in India is deemed Indian — not 'other sources'. Hence the interest is foreign income → not taxable for RNOR/NR.

## 6. Special Stay Tests — Quick Map

Type of personTest to apply
Indian citizen leaving India during PY for employment outside IndiaOnly the 182 days test
Indian citizen / PIO visiting India during PYCheck ₹15 lakh income; then 120-day + 365-day test; also check deemed resident rule

Worked example

### Example 1

Example (Stay): Mr. P leaves India on 5th July 2025 and returns 22nd December 2025. Days outside India = (5 Jul) → (22 Dec) including both endpoints = 171 days.

Example (Foreign Business + ₹15 L limit): Mr. K (Indian citizen visiting India in PY 2025-26) earns:

  • Indian interest: ₹14 lakh
  • Business in UK, controlled from India: ₹3 lakh

Total 'other than foreign sources' = ₹14L + ₹3L = ₹17L → exceeds ₹15L → 120-day test applies.

Example (NR interest on shares): NR-A lends to NR-B (in India) who buys Indian shares. Interest received by NR-A is NOT deemed to accrue in India → not taxable for NR-A in India.

⚠️ Common exam mistakes

  • Deducting standard deduction again on 'Salary (computed)' figures.
  • Using only one method for counting days outside India — read carefully whether dates are stated or a period is stated.
  • Forgetting that foreign business controlled from India IS counted toward the ₹15 lakh threshold for the visiting-Indian test even though it is taxable in RNOR's hands.
  • Treating interest on NR-to-NR loan invested in Indian shares as taxable — it is not, because the use is 'other source' not 'business in India'.
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