A Non-Resident Indian residing in Saudi Arabia made fixed ...

NRI's Fixed Deposits from Foreign Remittances Exempted, AO's Jurisdiction Questioned.

Case Laws     Income Tax

September 4, 2024

A Non-Resident Indian residing in Saudi Arabia made fixed deposits from remittances received in Dubai and maturity proceeds of existing term deposits, interest on NRE account, and inter-se transfer of funds between various bank accounts. The Assessing Officer (AO) at Vapi issued a notice u/s 148A(a) or 148A(b) of the Income Tax Act based on information available on the insight portal. However, the petitioner's address shown in the impugned order and notice was Vijayanagaram, Andhra Pradesh. The petitioner provided details of term deposits placed in two HDFC Bank accounts, bank statements, and an explanation that the remittances were made from Saudi Arabia out of salary credited and received outside India and from maturity of FDRs. The interest accrued on term deposits was exempted u/s 10(4) of the Act. The High Court held that the AO at Vapi lacked jurisdiction to issue the notice as the petitioner's local address was under the jurisdiction of the Commissioner of Income Tax (International Taxation) at Vijayanagaram. The reassessment proceedings were set aside in favor of the assessee due to the AO's lack of jurisdiction and the petitioner's explanation that there was no taxable income during the year.

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