ITR
NRI receives a 133(6) notice about an Indian property sale
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Facts
NRIs can respond online through e-Proceedings like residents. The officer will want the sale deed, cost, capital gain working and TDS details. Buyers must deduct TDS on payments to NRIs.
Provisions and law
- Sec 133(6) (now Sec 252(1)(a))The officer can call for information useful for or relevant to any enquiry or proceeding
- Sec 195 (now Sec 393)Tax must be deducted on payments to non-residents, including sale proceeds
- Sec 112 (now Sec 197)Other long-term gains at 12.5% without indexation; resident individuals and HUFs may choose 20% with indexation for land or building bought before 23 July 2024
Analysis
On a sale by an NRI, the buyer deducts tax under Sec 195 on the gain or the full price, unless a lower deduction certificate was obtained. Show the sale price, cost, capital gain computation and whether you filed ITR-2 for the year. If you did not file a return, the officer will likely expect one, and a belated or updated return may be needed. You can authorise a representative in India on the portal if needed.
Conclusion
- Log in to the portal from abroad and open e-Proceedings.
- Prepare the capital gain working with deeds and TDS certificate.
- State the return in which the gain was reported, or plan to file one.
- Consider adding an authorised representative.
A Savvy can do this for you
Call for information, Sec 133(6) (now 252(1)(a))
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