Scrutiny and reassessment notices for NRIs — what does India require?

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Answer

Scrutiny runs largely through a faceless electronic process on deadlines from the notice, and reassessment requires the department to share the information relied on. India collects at source before considering any exemption, so most Indian files are a reconciliation and a recovery rather than a payment.

What India requires

Scrutiny runs largely through a faceless electronic process on deadlines from the notice, and reassessment requires the department to share the information relied on. The record built at this stage is what the appellate stages read.

Two of the firm’s advisers at the glass desk in the Delhi office

The exception that catches people

NRIs are reopened disproportionately often, because property registrations, deposit interest and remittances are all reported automatically and each generates a data point.

Scrutiny and reassessment notices for NRIs — what does India require?
ItemAmount
Sale consideration₹10,100,000
Cost taken into account₹5,050,000
Gain actually arising₹5,050,000
Deduction on the consideration (assumed 19%)₹1,919,000
Tax on the gain (assumed 15%)₹757,500
Cash held back beyond the real tax₹1,161,500

₹1,161,500 more is deducted than the transaction actually owes. A lower-deduction certificate obtained before closing is what releases it at the table; without one it sits with the department until a return recovers it.

Treat these numbers as a worked example rather than advice — they exist to make the mechanics visible, and the rates and thresholds are assumed for the illustration. For a real filing, we verify each figure with the authority that publishes it, for your year.

How to get this moving

The full treatment — who it binds, the deadline, the penalty and the fixed fee — is on Scrutiny and reassessment notices for NRIs. One call is usually enough to know whether this is a filing or a project.

Read and approved for the 2025 and 2026 filing seasons by Udit Gupta, Cross-Border Tax Expert, Legal Quotient Consultants. General information, not advice for your circumstances — call our 24-hour helpline to discuss your own position.

Tax on electronics in India — what this page covers

The search that brings most people to this page is tax on electronics in India. It is answered here for scrutiny and reassessment notices for NRIs: what creates the obligation, which filings discharge it, and the fee agreed before the work starts.

Files that look like this one

Case study 1

Answering a reopening triggered by a property registration

A year was reopened after a registered purchase of Indian property appeared against the client's identifier, while her return for that year showed no such transaction. The purchase was hers, and it had been funded from remittances of her own overseas earnings. We requested the information relied on, traced the funding from the overseas accounts through the remittances into the purchase, and filed the trail as one submission. The engagement produced a documented funding position and a reassessment closed on that record.

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Case study 2

Responding to a notice discovered after the date had passed

The notice had gone to an Indian address and an email account the client no longer used, and he learned of it only when a later communication reached him. We established what stage the proceeding had reached, what had been decided on the material already held, and what could still be placed on the record. The engagement produced a submission filed with an account of the delay, and an updated set of contact particulars so that the next communication arrives where the client actually is.

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Case study 3

Setting reported deposit interest against a treaty position

The department's information showed interest credited by Indian banks at figures the client's return did not appear to reflect. The return had in fact applied a treaty position to the same income, so the amounts differed for a reason. We set the reported data against the return line by line, evidenced the basis on which the treaty had been applied, and explained the difference in a single response. The engagement produced a reconciliation on the record and no adjustment to the year.

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Case study 4

Requiring the information before answering a reassessment

The client had begun drafting a general explanation of his whole year, which would have put far more in issue than the notice raised. We asked for the information the department was relying on, and it concerned a single remittance. The response was confined to that remittance and to the documents behind it. The engagement produced a narrow answer to a narrow question, and a record that does not invite examination of anything else in the year.

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Case study 5

Building a self-explanatory pack for a faceless scrutiny

A scrutiny had to be answered on documents alone, with no occasion to explain them to anybody. The client's records were complete but needed reading in an order nobody would guess at. We assembled the pack with a short covering note tying each document to the point it proved, indexed it, and filed within the deadline counted from the notice. Papers were exchanged and signed through secure cloud software. The engagement produced a record that reads on its own at any later stage.

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Case study 6

Working with a thin record inherited at the appellate stage

An earlier year had been answered briefly by somebody else, and the matter had moved to appeal on that record. Because the appellate stage reads what was filed during the proceeding, much of the explanation the client wanted to give had never been placed anywhere. We identified what could still properly be introduced, and answered the current year's notice in full so that the same problem would not repeat. The engagement produced a complete record for the open year and a realistic view of the older one.

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Case study 7

Options Granted in India and Exercised Elsewhere

Where the grant, the vesting and the exercise happen in different countries, each may claim part of the same gain. Apportioning it across the period worked is what prevents the whole amount being taxed twice.

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Case study 8

An Indian Company Paying a Foreign Supplier

Payments abroad carry deduction at source and a certification filed before the money moves. Whether the treaty reduces the rate depends on what is being bought, and the classification is the decision the whole filing rests on.

Read how this one runs

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Also asked about Scrutiny and reassessment notices for NRIs

I have received a notice from the Indian tax department, what now?

Start with the notice itself: what it is, what it asks for, and the date it runs from. Scrutiny and reassessment work to deadlines counted from the notice, so the date is the first thing to fix, because everything else can be built afterwards. Then read what the notice actually puts in issue rather than treating the whole year as open, and answer that. The record you build at this stage is what the later stages read, so a hurried partial answer stays expensive long after the deadline has gone.

Why has India reopened a year I already filed?

Usually because something was reported about you automatically. Property registrations, deposit interest and remittances are all reported to the department, and each one is a data point that can be set against what your return said. Non-residents are reopened disproportionately often for that reason: their Indian affairs consist largely of the very transactions that get reported. A reopening is not in itself an allegation that something is wrong. It means a reported item and your return have not been matched to each other.

Can I find out what information the reassessment is based on?

Yes, and you should do so before answering. Reassessment requires the department to share the information it is relying on, and your answer should address that material rather than the year in general. Answering broadly is how people put more in issue than was ever raised against them. Ask for the information, read it against your own records for the year, and then respond to the specific mismatch it discloses and to nothing else.

Do I have to travel to India for a scrutiny hearing?

Generally not. Scrutiny now runs largely through a faceless electronic process, with submissions and documents filed against the notice rather than handed in at a local office, and with deadlines counted from the notice itself. What that changes in practice is that the matter is decided on the documents you file, because there is no hearing at which to explain them. So the pack has to be self-explanatory: the reader will not ask you what a statement means. Papers can be exchanged and signed through secure cloud software.

What happens if I miss the deadline on an Indian notice?

The proceeding continues without your material, and a conclusion may be reached on what the department already holds. That is the real cost of a missed date: not a penalty in itself, but a record built without your side of it in it. Because the appellate stages read the record made at this stage, material that was not filed then is hard to introduce afterwards. Where a date has passed, the immediate work is to establish what stage the matter has reached and what can still be placed on the record.

Can I produce evidence on appeal that I did not file earlier?

Treat it as unlikely rather than as a fallback. The appellate stages read the record built during scrutiny or reassessment, so evidence that was available and not filed then is being introduced into a proceeding that has already formed on other material. This is the strongest practical reason to answer the first notice fully, even where the amount in issue looks small. The cheapest place to put a document on the record is the first place somebody asked for it.

What is DTAA?

DTAA — a Double Taxation Avoidance Agreement — is India's term for a tax treaty. It allocates taxing rights between India and the other country, caps withholding on cross-border payments, and gives relief for income taxed twice by either exempting it or crediting the foreign tax. Relief is claimed, and from the Indian side that normally means a tax residency certificate, Form 10F and Form 67. See DTAA relief.

Do foreign shares, ESOPs and RSUs count as foreign assets in an Indian return?

Yes. Equity held directly, shares acquired under an employee plan once they have vested to you, units in foreign funds, the custodial account they sit in and the foreign bank account that funds it are all disclosable by a resident — separately, with acquisition cost, peak value and income for the year. This is where returning employees of multinational groups most often have a gap, because the plan administrator reports to the employer, not to you. See Schedule FA reporting.

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