Manager - Finance & Accounts
58312 Points
Joined June 2010
Hi Nirmal,
This is an insightful and nuanced case. Let’s break it down step-by-step from a taxability and ITR reporting perspective for an NRI investing in a Chitty (Chit Fund) from abroad.
🔍 Facts Recap:
-
The assessee is an NRI, working in Dubai.
-
He contributes monthly from his Dubai bank account to a Chitty scheme (for 25 months).
-
Eventually, he withdraws the full amount, and it is credited into his Indian savings account.
-
You’re asking:
Can the total contribution be set off against the withdrawn amount, treating the contribution as an "expense," so only the net (if any) becomes taxable?
🔎 Understanding Taxability of Chitty (Chit Fund) Income
🔸 1. Chit Fund Basics:
A Chitty (or Chit Fund) is a form of savings-cum-borrowing scheme:
🔸 2. Tax Treatment:
-
Contributions to Chit Funds are not deductible under the Income Tax Act.
-
Withdrawals, when made, do not get taxed as a whole. Instead:
Only the discount/income element (i.e., the difference between what you receive and what you contributed) is treated as income, usually under “Income from Other Sources”.
✅ What Should Be Taxed?
Let’s take an example:
-
Total contributed: ₹2.5L (₹10K × 25 months)
-
Amount withdrawn (maturity): ₹2.5L
👉 In this case, no profit/income, so no taxable income arises.
However, if:
📌 Key Point: Just because the final amount is credited to Indian bank account, does not make the entire amount taxable. Only the gain (if any) is taxable.
📝 Regarding Your Query:
“Can full contribution amount be set off with full withdrawn amount?”
✅ Yes, absolutely.
You can — and must — set off the full contribution against the withdrawn amount to compute any gain.
-
If withdrawn amount = contributed amount → No income, no tax.
-
If withdrawn > contributed → Only the excess is taxable.
And this applies even if the amount is credited to an Indian bank account — location of credit does not trigger taxability unless there's actual income.
📂 Supporting Documentation:
To avoid issues during assessment or scrutiny, maintain:
-
Chitty scheme statement from the chit fund company.
-
Proof of monthly contributions (Dubai bank statement).
-
Final receipt showing maturity/withdrawal amount.
✅ Final Answer:
Yes, the amount contributed by the NRI towards the Chitty can be set off in full against the amount withdrawn.
Only the net gain (if any) is taxable in India under "Income from Other Sources".
If there is no gain, then there is no tax liability, even if the full amount is credited to an Indian bank account.