MOHAMMED KUTTY PUDUKKUDI,MALAPPURAM vs. ACIT,CENTRAL CIRCLE-2, KOZHIKODE

ITA 774/COCH/2025Status: DisposedITAT Cochin19 November 2025AY 2013-14Bench: SHRI INTURI RAMA RAO (Accountant Member), SHRI MANU KUMAR GIRI (Judicial Member)1 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that remittances to an NRE account by a non-resident are not taxable in India as they are received outside the taxable territories. The addition for the property transaction was also deleted as the assessee provided confirmation and the explanation was not rejected with cogent reasons.

What were the facts?

During a search, the AO made additions to the assessee's income for credits in an NRE account and an amount received from a third party. The assessee contended these were remittances from his UAE business and a refund on a property sale.

What were the issues?

Whether remittances to an NRE account by a non-resident are taxable in India, and whether the addition for a property transaction was justified without cogent reasons.

Which sections of the Income-tax Act were involved?

Section 132,Section 153A,Section 143(3),Section 5

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Cases cited in this judgment(5)Show list

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Income Tax Appellate Tribunal, COCHIN BENCH

Before: SHRI INTURI RAMA RAO, AM & SHRI MANU KUMAR GIRI, JM

For Appellant: Shri C.B.M. Warrier, CA
For Respondent: Shri Sanjit Kumar Das, CIT-DR
Hearing: 06.11.2025Pronounced: 19.11.2025

Per: Inturi Rama Rao, AM This appeal filed by the assessee is directed against the order of the Commissioner of Income Tax (Appeals)-3, Kochi [CIT(A)] dated 09.09.2025 for Assessment Year (AY) 2013-14. 2. Brief facts of the case are that the appellant is an individual non-resident Indian. The appellant is also Chairman of M/s. Tharif Builders Pvt. Ltd. The search and seizure operations u/s. 132 of the Income Tax Act, 1961 (the Act) were conducted in the residential premises of the appellant on 29.02.2016 and certain incriminating

2 Mohammed Kutty Pudukkudi materials were stated to be found and seized. Therefore, the AO issued notice u/s. 153A of the Act for AY 2010-11 to AY 2015-16. In response to the notice u/s. 153A

The order continues below.

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