• Enquiry to Non resident regarding their overseas assets

I am non resident since last 20 years and regularly filed returns showing my status as non resident. My stay during any particular year has not exceeded 60. Recently Dubai Govt shared information with Indian Govt about property owners in Dubai Since then lot of non residents here are receiving notice from income tax investigation department regarding their dubai property. What are the rights of a non resident in this respect and how should they respond to such an enquiry. if the notice has been uploaded online - can we reply online - is there a provision to attach documents in online reply.
Asked 5 years ago in Income Tax

Hi

 

Yes, notice can be replied online with attachments.

 

Further, a non resident Indian need not report his foreign income or foreign address in ITR or to income tax authorities.

 

The notice could be replied by proving your residential status to be a NRI with details of your stay over the years. 

 

We may assist you with the same.

Lakshita Bhandari
CA, Mumbai
5687 Answers
942 Consultations

Dear Sir,

 

Hope you are doing well !!

 

Yes, you can reply online with details of your NRI status.

 

However, you don't need to provide details of foregin income while filing ITR.

 

We may assist you in entire online procedure.

 

 

Payal Chhajed
CA, Mumbai
5189 Answers
302 Consultations

- You can reply online by attaching ITR of the Financial year for which notice is issued. The purpose of notice is to find out the source of income by which property was purchased and its disclosure in the ITR when you became resident in India. Also if any rental income or capital gain arised on such property.

 

- As you have mentioned you were NRI for last 20 years then it can be easily explained.

Vivek Kumar Arora
CA, Delhi
5015 Answers
1136 Consultations

Hello,

 

1. Yes, you can file the response with attachments online on the portal.

2. As per the residential details mentioned by you, you need to explain the source of funds used in buying the property is earned outside India only. You need to collate & submit the documents required for the same. Advisable to reply on time and get professional help for it.

I hope that this answer satisfies your requirements.

 

Regards,

CA Hunny Badlani

Hunny Badlani
CA, Madhya Pradesh
2608 Answers
16 Consultations

Only resident indian are required to disclose their foreign asset and foreign income.

Non resident were not required to declare any foreign asset and same was clarified via a circular by CBDT.

If you have received any notice online same would be available in your e filing profile and you can reply the same.

If you need any personal assistance you can book a phone consultation and we can have a consultation over e-mail.

 

Hope you find the information helpful if you do please rate it 5 and provide your valuable feedback for my improvement.

Thank you.

 

Naman Maloo
CA, Jaipur
4303 Answers
101 Consultations

Hello Sir,

 

-Yes, You can reply online with details of your residential status.

 

-Only resident individuals are required to provide exhaustive details of the foreign assets held by them in the Schedule FA of the ITR form. It is not applicable on you.

 

Karishma Chhajer
CA, Jodhpur
2452 Answers
29 Consultations

The Income tax department has been taking prudent steps to go for faceless assessment.  Since you are a non-resident, there is more reason to go for faceless scrutiny.  The notices are now issued online and the tax payer have to respond and upload the documents online. 

Initially you just give him basic information about your Indian tax residential status and the fact that you have not been earning any income in India which has not been offered to tax.  You can just inform that the property in Dubai is a legitimate one taken out of money earned in Dubai.  You have to give limited information without hurting their ego. AT the same time the officer should not feel that you intend to hide any information.  Considering the complexity of the notice, you may decide to hire a CA for responding to such notice.   Also, for any practical advice it would be advisable to talk over a call. 

Jasmina Jain Shah
CA, Greater Mumbai
458 Answers
4 Consultations

Yes. In case of Online Notice, you can reply online. There is provision to attach Documents in the Reply.

You need not worry in case you have proper documents to show that the properties are purchased out of legally earned money.

 

Though you can reply on your own, it is always advisable to take professional help 

Pradeep Bhat
CA, Bengaluru
542 Answers
94 Consultations

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