Answer

ITR

NRI filing an updated return

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  1. Facts

    Yes. NRIs can file updated returns online. Include the missed Indian income, claim any TDS, and pay the additional tax before filing.

  2. Provisions and law

    • Sec 139(8A), Income-tax Act 1961 (now Sec 263(6), Income-tax Act 2025)Updated return within 48 months from the end of the relevant assessment year, once per year, not to reduce tax or raise a refund.
    • Sec 195, Income-tax Act 1961 (now Sec 393, Income-tax Act 2025)Tax deducted on payments to non-residents.
  3. Analysis

    NRO interest usually has TDS at a high rate, so the extra tax may be small or nil. If there is no extra tax, ITR-U is not available since it must increase tax. Check the computation first. E-verify via an Indian bank EVC or by posting ITR-V.

  4. Conclusion

    1. Check TDS on the missed income.
    2. Compute whether extra tax arises.
    3. If yes, pay and file ITR-U.
    4. Verify within 30 days.

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Updated return, ITR-U, Sec 263(6) (old 139(8A))

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