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Mihir Tanna  |1054 Answers  |Ask -

Tax Expert - Answered on May 05, 2025

Mihir Ashok Tanna, who works with a well-known chartered accountancy firm in Mumbai, has more than 15 years of experience in direct taxation.
He handles various kinds of matters related to direct tax such as PAN/ TAN application; compliance including ITR, TDS return filing; issuance/ filing of statutory forms like Form 15CB, Form 61A, etc; application u/s 10(46); application for condonation of delay; application for lower/ nil TDS certificate; transfer pricing and study report; advisory/ opinion on direct tax matters; handling various income-tax notices; compounding application on show cause for TDS default; verification of books for TDS/ TCS/ equalisation levy compliance; application for pending income-tax demand and refund; charitable trust taxation and compliance; income-tax scrutiny and CIT(A) for all types of taxpayers including individuals, firms, LLPs, corporates, trusts, non-resident individuals and companies.
He regularly represents clients before the income tax authorities including the commissioner of income tax (appeal).... more
Chandran Question by Chandran on May 05, 2025
Money

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
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