India - us dtaa article for nri - us tax resident

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Shashwat Agarwal (Querist)
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05 July 2018 Hello Everyone ,

I am Non Resident Indian and US tax resident .

I draw my yearly salary from US and pay taxes here to IRS .

I have to file for a refund with Indian Income Tax dept thru ITR 2 for claiming my refund of taxes levied on interest earned on NRO account. I have below questions :

1) Do I have to submit ITR 2 and not ITR 1 ?

2) In the ITR2 , do I need to furnish details of income earned outside of India ? If yes , then what will be the relevant article of DTAA (Schedule FSI column f ) between India and USA that will help me avoid double taxation since I am a US resident.

3) Do I have to furnish my US bank account and related details in Schedule TR-FA of ITR-2 ?

Please help me by answering these questions.

Thanks in advance !
Shashwat

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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05 July 2018 1 Being non resident submit ITR 1 to claim refund.
2 and 3 only resident to furnish such details.

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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05 July 2018 @ Seetharaman Ji

Seems NRI can't file form ITR-1.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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05 July 2018 Warrier Sir NRI can file ITR 1 with only interest earned on NRO account. See the instructions for filling ITR 1. I filed ITR 1 for a NRI and got refund last year.

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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05 July 2018 Last year it was OK, but this year seems changed.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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05 July 2018 Okay I will check thanks for the information.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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05 July 2018 I agree with Warrier sir file ITR 2.
No need to furnish other details applicable to residents.

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