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AY 21-22 / ITR-U - NRI - TDS deducted - 50% penalty

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Dear Friends and Respected professionals,

An individual assessee who is a NRI has received notice in income portal u/s 133(6) for AY 21-22, where he has received interest income from NRO accounts in India. One of his bank wrongly deducted TDS @ 7.5% instead of 20% rate applicable for NRI. As he was a NRI, he did not file return and also was not aware of this wrong deduction. Now the dept. in the notice asking him to file an ITR-U, when we compute tax liability along with interest it also considers penalty of 50% (of tax and interest payable). The demand payable now is relatively higher including all interest and penalties.  

Please provide your guidance to reply to department in this issue and is there an option to avoid penalty in this specific case.

Thank you in advance.

Replies (7)

What is the aggregate income earned/accrued in India?

What is the total amount of interest earned in the bank?

Hi Sir,

Thanks for the response.

His Total income earned in India is around Rs 30 Lakhs, fully represents interests income from banks. Of this for 18 lakhs  TDS has been deducted at only 7.5%. 

 

If the interest was earned from NRO account, then he was liable to file his ITR as the income is above the basic exemption limit.

Check what is the amount of interest earned in his NRE account?

Hi Sir,

I understand all his accounts are operating as NRO account only, he has no NRE accounts. All 18 lakhs is from NRE account only. One exception where one saving bank was treated as regular resident savings account and only 10% TDS was deducted.

Get data verification from bank about its exact account status as in FY 2020-21. If possible, ask bank to rectify their mistake, if any.

Based on the status file ITR U, and pay interest penalty of 50%, to settle the issue. 

Sure Sir. thank you for clarifying my doubt. truly appreciate.

My Pleasure.                                    


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