NRI wins Rs 79 lakh tax dispute over Mumbai flat purchase

An NRI and US citizen who bought a Rs 79.9 lakh flat in Kandivali West, Mumbai, between 2011 and 2018 has won a tax dispute at the Income Tax Appellate Tribunal (ITAT) in Ahmedabad. The tax department had issued a notice under Section 148 on March 23, 2023, questioning the source of funds after the NRI failed to file income tax returns for the relevant years.

The assessing officer proposed to tax Rs 57.24 lakh as unexplained income. The Dispute Resolution Panel (DRP) had already deleted Rs 51.9 lakh after the NRI submitted documentary evidence. However, the DRP upheld additions of Rs 1 lakh in cash deposits, Rs 4 lakh in stamp duty, and Rs 32,280 in registration charges.

The NRI appealed to ITAT, arguing that the cash deposit was used for the flat's booking advance and that stamp duty and registration fees were paid to the builder via bank challans. The tribunal directed the assessing officer to delete all these additions, ruling that the source of funds was adequately explained.