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Itr form for nri

Vunu (Developer) (135 Points)

16 April 2018

Which ITR form is to be used by NRI? (Just TDS refund from FDs). In few websites I found that NRI should compulsorily file ITR2 even for claiming TDS refund on NRO account. Is any particular Section present in IT Act?

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Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (160342 Points)
Replied 16 April 2018

" I found that NRI should compulsorily file ITR2 even for claiming TDS refund on NRO account. Is any particular Section present in IT Act? "

YES.......

Extract from the norification 16 of CBDT dated 03.04.2018

(As amended to notification21_2017 )

".........In the Income-tax rules, 1962 (hereinafter referred to as the principal rules), in rule 12,−

(a) in sub-rule (1),-

(I) for the figures “2017”, the figures “2018” shall be substituted;

(II) in clause (a),― (i) for the words “an individual”, the words “an individual who is a resident other than not ordinarily resident and” shall be substituted;.......... "

(ii) in sub-clause (ii), after the words “brought forward loss”, the words “or loss to be carried forward” shall be inserted;

(iii) in the proviso, for item (I), the following shall be substituted, namely:- “(I) has assets (including financial interest in any entity) located outside India;

(IA) has signing authority in any account located outside India;

(IB) has income from any source outside India;

(IC) has income to be apportioned in accordance with provisions of section 5A;”; ...........

" .........Provided that the provisions of this clause shall not apply to a person who,—

(I) is a resident, other than not ordinarily resident in India within the meaning of sub-section (6) of section 6 and has,—

(i) assets (including financial interest in any entity) located outside India; or

(ii) signing authority in any account located outside India; or

(iii) income from any source outside India;

(II) has claimed any relief of tax under section 90 or 90A or deduction of tax under section 91; or

(III) has agricultural income, exceeding five thousand rupees;.........."

Refer: Revised-update-on-IT-Rule-12-w.e.f-1.4.16.