Answer

ITR

Property purchase questioned in a best judgment notice

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  1. Facts

    Property purchases are reported to the department. If you do not explain how you paid, the officer may treat the investment as unexplained.

  2. Provisions and law

    • Sec 144, Income-tax Act 1961 (now Sec 271)If you do not file a return or do not comply with notices under Sec 142(1) or 143(2), the officer can assess to the best of judgment after a show-cause notice giving you a date to be heard.
    • Sec 142(1), Income-tax Act 1961 (now Sec 268(1))The officer can ask you to file a return or produce accounts, documents and information.
  3. Analysis

    Show the payment trail: home loan sanction and disbursal, your own savings from salary accounts, sale of an older asset, or family help with documents. For example ₹40,00,000 loan plus ₹15,00,000 from savings over three years. Attach the sale deed, loan letter and bank statements. A clear trail usually closes the issue.

  4. Conclusion

    1. Get the sale deed and payment schedule.
    2. Get the home loan sanction and disbursal letters.
    3. Mark the payments in your bank statements.
    4. Explain any family contribution with documents.
    5. Submit a one-page fund flow with the reply.

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Best judgment assessment, Sec 144 (now 271)

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