2025 (7) TMI 2066

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....see is a NRI individual and did not file return of income for the impugned Assessment Year. His case was reopened as the assessee was flagged under the verification module of Insight Portal (in accordance with risk management strategy). From the Insight Portal, it was observed that during the Assessment Year, assessee had made the following transactions: Sl.no Nature of receipt /income Amount 1 TDS statement- sales consideration on sale of immovable property Rs.1,33,00,000/ 2 TDS statement payment made to non-resident Rs . 5,04,279/- 3. But it was also observed that assessee did not file his return of income. Accordingly, a notice under section 148A(d) of the Act, was issued to the assessee on 29.04.2022, after....

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....d on the judgment of Hon'ble Madras High Court in the case of Chettinad Corporation Pvt. Ltd., Vs. CIT (Madras). The AO relied on section 239(1) of the Act and observed that the assessee can claim refund only after filing return of income (RoI) as per section 139 of the Act (RoI filed in response to notice under section 148 of the Act). Therefore, the assessee is not eligible for refund. Accordingly, the AO passed the Order under section 144C(1) of the Act on 08.03.2024. 4. Aggrieved from the draft Order, assessee filed objection before the learned DRP. The learned DRP passed Order under section 144C(5) of the Act on 08.11.2024, dismissing the objections raised before them. In pursuant to the direction of DRP, final Assessment Order ....