Answer

ITR

NRI filing a late return

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  1. Facts

    An NRI with taxable income in India, or wanting a refund of excess TDS, can file a belated return by 31 December 2026 for AY 2026-27. The same late fee of ₹1,000 or ₹5,000 applies if filing was required.

  2. Provisions and law

    • Sec 139(4), Income-tax Act 1961 (now Sec 263(4), Income-tax Act 2025)Belated return can be filed after the due date, by 31 December of the assessment year or before assessment, whichever is earlier
    • Sec 234F, Income-tax Act 1961 (now Sec 428, Income-tax Act 2025)Late filing fee ₹1,000 if total income is up to ₹5 lakh, else ₹5,000
    • Sec 244A, Income-tax Act 1961 (now Sec 437, Income-tax Act 2025)Interest on refund, generally 0.5% a month or part of a month
  3. Analysis

    NRIs often have TDS at high rates on NRO interest, rent or property sale. Example: TDS of ₹1.2 lakh on a flat sale where the actual capital gains tax is ₹70,000; a belated return claims the ₹50,000 refund. ITR-1 is not available to NRIs. Use an Indian bank account that is pre-validated for the refund.

  4. Conclusion

    1. Collect Form 26AS (now Form 168), AIS and sale or rent papers
    2. Choose ITR-2 or ITR-3
    3. Pay any balance tax and fee
    4. File by 31 December 2026 and e-verify
    5. Validate an Indian bank account for refund

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Belated and revised return, Sec 263(4) and 263(5) (old 139(4) and 139(5))

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