I recently returned to India after living abroad for several years and my residential status has now changed from NRI to resident. While preparing my ITR, I came across Section 115H of the Income-tax Act and was confused about whether the benefits available to an NRI continue after becoming a resident.
I had invested in some financial assets in India while I was a non-resident, and those investments were made using foreign exchange. I understand that Section 115H deals with certain investment income from qualifying foreign exchange assets and may allow a person who becomes resident to continue receiving the benefit of the special provisions under Chapter XII-A.
My main question is: Can I still claim the Section 115H benefit now that I am a resident of India?
If yes, what conditions need to be satisfied? Do I have to submit a declaration along with my ITR, and does the benefit continue for future years as long as I keep the investment?
I'd particularly like to hear from people who returned to India after spending several years abroad and continued holding investments that were acquired when they were NRIs.
I'm aware that residential status and eligibility can depend on the specific facts, so I'm looking for general experiences and information rather than advice for my individual tax situation.
One thing I'd be careful about is the phrase "foreign exchange asset." It doesn't simply mean any asset that you happened to buy while living outside India.
Section 115H refers to investment income from a foreign exchange asset of the specified nature under Section 115C. So eligibility depends on how the asset was acquired and whether it falls within the statutory definition.
Also, the benefit isn't necessarily limited to the first year after returning to India. The provision says that, where the conditions are met and the declaration is made, the Chapter XII-A provisions can continue for that assessment year and subsequent assessment years until the relevant asset is transferred or converted into money.
I'd verify the exact asset and current ITR reporting requirements before claiming it.
Yes, becoming a resident doesn't automatically end the Section 115H benefit.
The provision specifically deals with a situation where a person was an NRI in an earlier previous year and subsequently becomes resident in India. The Income Tax Department says that such a person can furnish a declaration with the return stating that the relevant provisions of Chapter XII-A should continue to apply to qualifying investment income from foreign exchange assets.
So the important point is that you need to have been an NRI previously and have the type of qualifying foreign exchange asset covered by the provision.
I wouldn't assume that every investment made while living abroad qualifies, though. The definition of a foreign exchange asset is specific, so I'd check the nature and acquisition of the particular investment.
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I had this question when I returned to India from the UK. What confused me initially was thinking that Section 115H was only for people who continued to be NRIs.
Actually, the section is specifically designed for the situation where an NRI becomes resident. You can potentially continue the special treatment for qualifying investment income if you satisfy the conditions and make the required declaration.
The declaration is important. The provision says it should be furnished to the Assessing Officer along with the return of income for the assessment year in which you become assessable as a resident.
I'd therefore check the ITR instructions carefully rather than assuming the benefit applies automatically.