18 July 2019
Sir, Iam Mr.D R Vernekar & Mrs.Kamakshi D vernekar, both are spouse, original we are from Honnavar Uttara Kannada (Karwar) Karnataka.We purchased in the Joint Names of Spouse , N A Plots on 15.07.2009 by paying Rs.840000/-in Honnavar, and on 25.07.2018 such plots were compulsorily ( Under the National Highway,Act-1956 ) acquired by the National Highway Authority of India for Road Expansion National Highway No.17(Under the National Highway Act.1956,u/s 3(E)(1)& u/s 3--H (2)& U/s 3(E)(2)(A) and awarded Rs.41,85,628/- Sanction Order No.1252(E) dtd.21.04.2017 But the awarded Amount of Rs.41,85,628/.has been paid to the us (spouse) on15.07.2018 and TDS made there on Rs.4,18,562/-Please enlighten the points on 1-Both spouse are origin from Karnataka and Residents in India till 2011-12 ,and from 2012 onwards till July 2019 , now We are settled in Dubai on account of Business ,hence we are NRI now ( Settled in Dubai ) & held NRO Bank Accounts in India( we are not stayed in India for 182 days since 2012, onwards ( stayed hardly every year in India from 60 to 90 days or less in some years ) .We are holding only PAN & PASSPORT not held Aadhaar Card in India --in this condition how we have to file the Income Tax Return with out holding Aadhaar card 2-How we have to calculate Capital Gain and how we have to get refund of TDS amount --what is the procedure to get refund 3-We have Invested neither in 1-Capital Gain Accounts Schemes in Banks, Post Offices etc nor, 2) Invested in Purchase of Bonds for to get Exemption with in Six Months from the date of receipt of awarded amount 25.07.2018 till July 2019 4-What is the Income Tax rate on Capital gain Tax for the NRI for the Assessmement year 2019-20, how much capital tax we have to pay.Shall we get refund, are there any solutions to get refund.Please advise us 5-Please Calculate and supply us the Calculation Sheet for arriving capital gain tax. Thanks.
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19 July 2019
1 For NRI Aadhar is not rquired for filing ITR. 2 Tax not applicable on such payments file ITR and claim refund. The Ministry of Finance vide Circular No. 36/2016 has cleared a cloud of doubt clarifying the issue if compensation received for compulsory acquisition of land is exempt under Income Tax Act as well as Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLAAR Act).
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