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student (Querist)

20 May 2011 NR [person of indian origin] booked a flat with a property dealer & after few months she wants to cancel the booking agreement & tht builder will issue cheque in Rupees & such ch is deposited in NRO a/c

now the problem is in master circular on transfer of immovable property dated
it is stated tht

6. Refund of purchase consideration

Refund of application / earnest money / purchase consideration made by the house building agencies / seller on account of non-allotment of flat / plot / cancellation of bookings / deals for purchase of residential / commercial property, together with interest, if any (net of income tax payable thereon) may be allowed by the Authorised Dealers by way of credit to NRE/FCNR (B) account, provided the original payment was made out of NRE / FCNR (B) account of the account holder or remittance from outside India through normal banking channels and the Authorised Dealer is satisfied about the bonafides of the transaction.

but nowhere they've mentioned regarding NRO a/c

In Master Circular No. 3 /2010- 11 on NRO a/c it is stated as" legtimate dues of the account holder" as permissible credit

so if we go by the circular on NRO a/c there is no problem.But if
we go by circular on transfer of immovable property.there can be two possibilities

1. since point 6 in master circular [transfer of immovable property] odesn't mention abt nro a/c it means it's not permissible
2. main intention of law is no taxable income of nr should go out of india w/out tdstherefore by default [going by master circular on NRO a/c]it would be permissible

wht forms require to be submitted as per fema & IT act

CA. Anuj Gupta

CA. Anuj Gupta (Expert)

20 May 2011 Form 15CA and 15CB shall be required.Also the money can be transferred provided it was transferred from NRE account / FCNR account.

Anuj
0-9810106211

student

student (Querist)

20 May 2011 but sir when it is specified that [ Master Circular No. 3 /2010- 11 on NRO a/c it is stated as" legtimate dues of the account holder" as permissible credit]
then why cancellation of booking proceeds cant be credited in nRO a/c

CA. Anuj Gupta

CA. Anuj Gupta (Expert)

20 May 2011 I have not mentioned that money cannot be transferred to NRO but mentioned that money for that booking should have come from NRE account / FCNR account.

student

student (Querist)

20 May 2011 sir in which provision it is written that booking of flat must be out of NRO a/c only & if is out of NREa/c/FCNR whether it is permissible????????
..
after depositing the cheque in NRO A/C he wil transfer the money to his NRE A/C.. so in that case in form 15 CA who will be responsible for submitting form 15ca remiiter or remittee

CA. Anuj Gupta

CA. Anuj Gupta (Expert)

20 May 2011 You have mentioned the same in your submission .

Anuj

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