Our client, an NRI from Singapore had sold his long-term property in India. Unfortunately, the purchaser instead of deducting TDS on Long Term Capital Gains of the NRI, deducted the TDS on entire sale proceeds. Aggrieved, the NRI wanted a refund on account of TDS deducted by the purchaser of the property u/s 195 of the Indian Income Tax Act. He wrote several grievance letters to authorities and the Indian Income Tax Department. However, there was no response. Thereupon, he contacted and we analysed the situation and realised that the NRI assessee did not receive any intimation u/s 143(1) of the act nor refund claimed as per return of income.

Prompt action was required and we utilised our reputation in the legal field as well as knowledge of the law to provide help by writing letters to the Principal Chief Commissioner of Income Tax (International Taxation), Delhi, and the Chief Commissisoner of Income Tax (International Taxation), West Division, expressing our client’s grievances and demands. An RTI too was filed for this purpose.

The Income Tax Refund scenario pan India is a slow process and right measures at the appropriate time need to be taken. Taking professional legal advice is suggested so that any undue delay does not become a hindrance in getting the hard-earned money back.

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