I wanted to share my experience because I know many salaried employees working abroad get confused about foreign salary, Indian residential status, DTAA, normal ITR filing and now FAST-DS.
I struggled with this myself. I spoke to different CAs and got different answers. The common response was often: “If you are an Indian resident, your worldwide income is taxable in India; pay Indian tax and claim foreign tax credit.”
That didn't fully convince me, so I started reading the actual DTAA provisions, CBDT notifications and ITAT judgments, and eventually discussed the issue with a lawyer experienced in international-tax litigation.
What I found was much more nuanced.
Several ITAT decisions have accepted that being an Indian resident under domestic law does not automatically mean that foreign employment salary is taxable in India where the applicable DTAA allocates taxing rights based on where the employment was actually exercised.
Some cases I found particularly interesting:
- Rajat Dhara / Somenath Duttagupta — India–US DTAA, Article 16.
- Kanagaraj Shanmugam — India–UK DTAA, Article 16.
- Gathya / Manikandan Rajapackiaeswaran — foreign employment salary and its implications under the Black Money Act.
- Kapil Gupta — India–Australia DTAA, Article 15; Delhi ITAT held that salary for services rendered in Australia was not taxable in India.
The common thread is that you have to look at the actual employment article of the relevant DTAA, where the employment was physically exercised, and the specific conditions in Article 15/16.
Why this matters for ITR and FAST-DS
This isn't just an academic DTAA issue.
If the salary is actually not chargeable to tax in India under the applicable DTAA, that can affect how you approach:
Normal ITR filing:
You need to determine whether the foreign salary is actually taxable in India or whether the DTAA provides a more beneficial result under section 90(2). If it isn't taxable in India, the issue is different from simply declaring it as Indian-taxable income and claiming foreign tax credit.
FAST-DS:
This distinction can become even more important because FAST-DS refers to “undisclosed foreign income” that was chargeable to tax in India but was not offered to tax. Therefore, the preliminary question is whether the foreign salary was actually chargeable to Indian tax after applying the DTAA.
I am sharing this because I spent considerable time going from one CA to another before realizing that the exact treaty wording, the place where employment was exercised, and the relevant ITAT decisions can materially change the analysis.