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Microlesson · 5-min read

Scope of Total Income — Section 5

# Scope of Total Income [Section 5]

Residential status maps onto what is taxed. Section 5 sets out the incidence of tax for ROR, RNOR and NR.

## The Taxability Grid

Source / Receipt of IncomeRORRNORNR
1. Income received or deemed received in India (Receipt Principle)TaxableTaxableTaxable
2. Income accruing/arising or deemed to accrue/arise in India (Source Principle)TaxableTaxableTaxable
3. Income from a business controlled / profession set up in India, even if it accrues outside IndiaTaxableTaxableNon-taxable
4. Income accruing/arising AND received both outside IndiaTaxableNon-taxableNon-taxable

## Summary

  • RORGlobal income is taxable.
  • RNOR & NR — Taxable only if either source or receipt is in India.
  • Extra for RNOR — Even if both source and receipt are outside India, it is taxable if it comes from a business controlled from / profession set up in India.

## Key Definitions

Receipt of Income: Refers only to the first occasion when the recipient gets the money under their control. Subsequent remittance or transmission of that amount does not constitute receipt of income.

Accrue vs. Due:

  • Accrue = the right to receive income (income accrues when the right becomes vested in the assessee).
  • Due = the right to enforce payment.
  • On Government securities, interest arises day-to-day during the holding period but becomes due on the specified dates.

## Explanations to Section 5

  • Income once taxed on accrual cannot be taxed again in the same/subsequent year on actual or deemed receipt.
  • Income accruing outside India is not deemed received in India merely because it appears in an Indian balance sheet.

## Clarification — Non-Resident Seafarer

A non-resident seafarer's salary for services performed outside India on a foreign-going ship (Indian or foreign flag) is not taxable in India if received directly into an NRE account in an Indian bank.

Worked example

### Example 1

Example — Income earned and received abroad: Mr. J earns ₹5 lakh rent on a London house, received in his UK bank. For an ROR it is taxable (global income). For an RNOR/NR it is not taxable (both source and receipt outside India), unless it arises from a business controlled in India.

### Example 2

Example — RNOR with Indian-controlled business: An RNOR earns profit abroad from a business CONTROLLED from India. Even though it accrues and is received outside India, it is taxable in his hands.

### Example 3

Example — Interest on Government securities (accrue vs due): Interest payable on 1st January and 1st July accrues from 1st July to 31st December day-to-day, and falls DUE on 1st January.

### Example 4

Example — First-receipt rule: Salary first received abroad and later remitted to India is taxed (if at all) on the basis of the first receipt abroad; the later remittance to India is not a fresh 'receipt'.

⚠️ Common exam mistakes

  • Taxing an RNOR/NR on foreign income merely because it was later remitted to India — only the FIRST receipt counts.
  • Forgetting the RNOR special inclusion: foreign income from a business controlled in/profession set up in India IS taxable.
  • Treating appearance of foreign income in an Indian balance sheet as 'received in India'.
  • Confusing 'accrue' (right to receive) with 'due' (right to enforce payment).
  • Taxing the same income twice — once on accrual and again on receipt.
Bare-Act text Section 5 · Income-tax Act, 1961 · click to expand
Section 5(1): The total income of any previous year of a person who is a resident includes all income from whatever source derived which— (a) is received or is deemed to be received in India; (b) accrues or arises or is deemed to accrue or arise to him in India; or (c) accrues or arises to him outside India during such year. Provided that, in the case of a person not ordinarily resident, income which accrues or arises outside India shall not be so included unless it is derived from a business controlled in or a profession set up in India. Section 5(2): The total income of a non-resident includes all income which— (a) is received or is deemed to be received in India; or (b) accrues or arises or is deemed to accrue or arise to him in India.
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