Question And Answer
Subject: 131 (1A) Summons to NRI
Category: 
Querist: Adarsh Jain
Answered by: Reply of the Expert is awaited;
Tags:
Date: October 22, 2024
Query asked by Adarsh Jain

I am a NRI for last 15 years and received summon u/s 131(1A) for FY 2021 to FY2024. Without disclosing any details, the summons ask for following:

  • Sources of Income earned by me and my family members in India & outside India
  • Details of interest earned by me and my family members on NRE/NRO/FD/FCNR/HUF account
  • All property dealings during this period
  • All Bank account statement
  • Details of any business conducted by me in India
  • Copies of my and my family member passports
  • All property documents which are held by me and my family members

I understand that as NRI, I am not required to disclose my overseas income. I am willing to provide details of my India sourced Income which are disclosed in my tax returns and offered for taxes in relevant year.

I have India sourced interest from NRO/NRE/FCNR exceeding INR 15L. Will it attract provision of section 6(1A)? I am a tax resident of UAE which impose no personal income tax. If provision of section 6(1A) is attracted, which all income shall be taxed in India. Will FCNR interest be included for calculation of INR 15L threshold?

I split my earnings in UAE with my spouse (NRI) who then invests it in India. Will it attracts clubbing provision? My view is that my offshore income gifting to my NRI family members and their subsequent earnings thereon should not attract any clubbing provisions?

Is there any provision of Income Tax Act which requires me to disclose my foreign income under 131(1A) summons?

File Uploaded: Not Available


Answer given by
Reply of the Expert is awaited. Please check back later

Disclaimer: This article is only for general information and is not intended to provide legal advice. Readers desiring legal advice should consult with an experienced professional to understand the current law and how it may apply to the facts of their case. Neither the author nor itatonline.org and its affiliates accepts any liabilities for any loss or damage of any kind arising out of any inaccurate or incomplete information in this article nor for any actions taken in reliance thereon. No part of this document should be distributed or copied (except for personal, non-commercial use) without express written permission of itatonline.org

Leave a Reply

Your email address will not be published. Required fields are marked *

*