Sir, NRI daughter had LTCG income in FY23-24 and IT returns was filed in ITR-2 as per rules. In FY24-25 there is no taxable income and there is no LTCG also. In such a case, filing may not be required but she would like to file just to recover the small but atrocious deductions made in the SB account..
My query is which ITR form is to be used in this case? In case if ITR-2 is not required, is there anything wrong in using ITR-2 itself?
Ans: In case she is earning interest from saving account only, ITR 1 is applicable and it is advisable not to use ITR 2. Further, ITR 1 can not be filed in following cases like if person own assets (including financial interest in any entity) located outside India; has signing authority in any account located outside India; has income from any source outside India; want to claim deduction from saving interest, is a director in any company; has held any unlisted equity share at any time during the previous year; has agricultural income, exceeding five thousand rupees etc
Refer to Rule 12 for the applicability of form :
https://incometaxindia.gov.in/Pages/rules/income-tax-rules-1962.aspx