Skip to content
CA · CS · CFO · Advocate, all in one place
Popular structures
Special entities
Free consultation

Not sure where to start?

Tell us about your business in two lines. Our experts will point you the right way — no charge.

Tax & trade
Labour & establishment
Licences & identifiers
Free consultation

Not sure where to start?

Tell us about your business in two lines. Our experts will point you the right way — no charge.

Trademark
Copyright & patent
Free consultation

Not sure where to start?

Tell us about your business in two lines. Our experts will point you the right way — no charge.

NRI Taxation and Compliance (Part 9): Filing Returns, Claiming Refunds and Handling Notices

When NRIs must file ITR, which form to use, e-verification, TDS refund to NRO account, treaty relief and how to respond to income tax notices.

NRI Taxation and CompliancePart 9: Return Filing, Refunds and NoticesFile correctly, claim refunds, answer noticesComplianceKart

An NRI earns rent and NRO interest in Hyderabad. The bank deducts 30% TDS on interest, the tenant deducts on rent, and the NRI believes “TDS is final”. Two years later a notice says income was not reported, and a refund he was entitled to was never claimed.

The short answer

An NRI must file an Indian return if total Indian income exceeds the basic exemption limit, if TDS refund is sought, if capital gains arise, or if the notices and rules require it. TDS is not the end of the matter. Filing also settles treaty claims, refunds and the record for future repatriation and property sales. Related parts: Part 1 on residential status and Part 8 on TDS.
NRI Taxation and Compliance: 9-part series

  1. Part 1: Residential status
  2. Part 2: Income taxation
  3. Part 3: Property
  4. Part 4: Banking and investments
  5. Part 5: Returning to India
  6. Part 6: Investing in Indian businesses
  7. Part 7: Gifts, inheritance and succession
  8. Part 8: TDS, Section 195 and Forms 15CA/15CB
  9. Part 9: Return filing, refunds and notices (you are here)

1. Do you need to file?

Situation Return needed? (confirm limits for the tax year)
Indian income above the basic exemption limit Yes
Capital gain on property or shares, even with TDS deducted Yes, to reconcile TDS and claim any refund
TDS deducted but the real tax is lower Yes, to claim the refund
Only NRE and FCNR(B) interest (exempt) and no other income Generally no, but keep the record
Loss to carry forward (capital loss) Yes, on time, to carry the loss forward
Income tax notice received Yes, respond as required

2. Choosing the form and the dates

Item Position (confirm)
Typical form ITR-2 for individuals with capital gains and no business; ITR-3 where business or profession income exists
Due date 31 July of the assessment year for non-audit individuals; 31 October where audit applies
Belated return Allowed up to the late filing date with fee and interest; some losses cannot be carried forward if late
Updated return Can be filed within the permitted period with additional tax (confirm current period)
Verification E-verify within 30 days of filing by Aadhaar OTP, net-banking or other methods; an NRI without Aadhaar can use digital signature or send ITR-V (confirm)
Schedule FA Not required for NRIs: it applies to residents (confirm)
Keep PAN and Aadhaar linked

An inoperative PAN can mean higher TDS and refund delays. Link PAN and Aadhaar where you hold Aadhaar, and update your non-resident status and address on the portal.

3. Relief from double tax

Question Answer
How does an NRI get treaty relief in India? Claim the treaty rate through TRC and Form 10F at the TDS stage, and in the return under the relevant schedule
Who gives credit for Indian tax abroad? Your country of residence, under its own foreign tax credit rules. Keep Indian tax receipts and Form 16A
Is Form 67 for NRIs? Form 67 is for claiming foreign tax credit by residents in India (confirm); an NRI claims credit in the foreign country
Return or refund pending?

ComplianceKart prepares and e-files the NRI return, reconciles TDS with AIS and Form 26AS, claims the refund and handles notices. See our income tax return service.

WhatsApp usEmail team@compliancekart.comCall 9959536391

4. Refunds: how they work

  1. File the return with correct bank details. The refund goes to a pre-validated bank account in India (NRO), not to a foreign account.
  2. E-verify within the time limit. An unverified return is invalid.
  3. Reconcile TDS with Form 26AS and AIS. Ask the deductor to correct mismatches in the TDS return.
  4. Track the status on the portal, reply to any intimation under Section 143(1) within the time given.
  5. Move the refund onwards through NRO channels subject to the USD 1 million repatriation limit (Part 7).

5. Notices NRIs commonly receive

Notice or intimation Usual reason Response
Section 143(1) intimation Mismatch with TDS or income in AIS Review, file a rectification or accept; check refund adjustment
Defective return notice Missing schedule or verification Correct within the time given
Scrutiny notice (143(2)) Selected for assessment: capital gains, large deposits, high refund Prepare a documented reply with purchase deeds, bank statements, valuation proofs
Reassessment notice Income alleged to have escaped assessment Check the time limits and the reasons; reply on jurisdiction and merits (litigative; confirm)
Demand notice Tax, interest or fee outstanding Verify the demand, pay or file an appeal or a stay request within the time

Replies must be filed on the portal within the time given. Appeals lie to the Commissioner (Appeals) within 30 days of the order, and a stay application should accompany the appeal when a demand is large (confirm current procedure).

6. Mistakes NRIs make

  1. Assuming TDS is full and final and never filing a return.
  2. Reporting residential status wrongly on the return.
  3. Choosing a foreign bank for refund and having it rejected.
  4. Ignoring AIS differences until a notice arrives.
  5. Missing e-verification and losing the return.
  6. Not claiming treaty relief on dividends or interest.
Hyderabad angle

NRIs with rent, FD interest and a property sale in Hyderabad often have three or more TDS sources. A single reconciled return, filed on time with the sale documents, prevents scrutiny and speeds the refund.

Why work with ComplianceKart

ComplianceKart is a boutique practice bringing Chartered Accountants, Company Secretaries and advocates under one roof. Think of a multi-speciality hospital: the physician, the radiologist and the pharmacist read from one patient file, so you never carry reports between buildings. Return filing, TDS, FEMA repatriation and notices come from different departments. A multi-disciplinary team keeps the story consistent across all of them.

Frequently Asked Questions

Do NRIs need to file ITR if TDS is deducted?

If income is above the exemption limit, or a refund or loss carry-forward is wanted, yes.

Which ITR form do NRIs use?

Usually ITR-2, or ITR-3 if there is business or professional income.

Where does the refund go?

To a pre-validated bank account in India, usually the NRO account.

Is Schedule FA needed for NRIs?

No, it applies to residents. Confirm if your status changes (see Part 5).

What if I get a notice while abroad?

Reply through the portal with an authorised representative and keep the documents ready.

Sources

  • Income-tax Act, 1961 and Income-tax Act, 2025 (return, refund, assessment and appeal provisions; confirm corresponding sections)
  • Income-tax Rules (ITR forms, verification, Form 10F) and CBDT notifications on due dates
  • Income Tax Department e-filing portal user guides
Talk to ComplianceKart

Ready to act? Start with our income tax return service, check pricing, or contact us.

WhatsApp usEmail team@compliancekart.comCall 9959536391

Educational article, last updated 11 November 2026. General information, not advice on a specific case. Laws and due dates change; confirm on the date you act. Items marked (confirm) came from secondary sources and need checking against the official text.

Need this done for your business?

Send us one message. A CA, CS or Advocate replies within a working day — no forms, no obligation.

Call 9959536391
Call us Chat with us