• Income tax filed to get TDS back on fixed deposit made in savings account when being in NRI status

Hi Team,
Background: My status is NRI from definition of RBI or Indian Income Tax Department as I am in USA since two years. I have been filing my taxes online since 10 years and my Aadhar card , PANCARD is all linked to income tax site.
Till now the claim(refund) which I have been making while filing tax returns were under section 195 (as per 26AS) from the savings bank(not NRO) and NRO Bank Accounts.The range of refund form income tax department was from Rs.300 to 1000 and refund was given to my savings account within 30 to 60 days.This year also 2019-2020 I filed the tax on 23rd June for a return of Rs.9000( 10% of Rs.90000). The difference was that I did some fixed deposits in 2018 in my savings bank account which I have broken in May 2019 due to medical emergency and the interest I got from it had TDS deducted under section 194A.
Please find my questions.
1. 194A means TDS deducted for residents. Mine was also deducted but I am a non resident since two years. In previous taxes 26As the savings bank deducted amount which was shown under section 195 which is for non residents. Question is this year I had in my 26As amount deducted under section 195 and 194A both.Is me claiming the TDS on 23rd June for deductions on FDs(194A) not as per the laws of Income Tax department and will they ask me to explain something via notices or will they refund this money. I need some use cases from you all for what has happened to your customers who were in similar situation like me and what did the income tax dept do to them. Did they got the refund or they were asked any questions. 
2. If any notices come how will I handle it. Means if I say to income tax I do not need this Rs. 9000 refund will the matter close or I need to explain something which they ask. I was thinking if they ask anything I will ask them not to refund. Is it possible for me to do that if notice come. What are other ways of handling it.
3. The cause of worry is my money is not refunded till today since June 23. Earlier my refund used to come in 30 days for returns filed for TDS under section 195. Is there any reason for the delay for refund this time for the return filed under section 194A.
4. . Under FEMA regulation, savings bank account should be converted to NRO for NRI Due to hassles of conversions and reconversions back to savings account when you return form USA I did not do it. Let's say if the government give me back my money for this year return which I filed, then should I file the return again next year as 194A section will still come due to Fixed deposit breaking was done on May 2019. Or I should not claim that money going forward by not filing return as my income in India is below Rs. 250,000 (no rent, no business, only small amount of interests from savings bank)
5.I was planning to retain my Savings bank account. Will it be considered crime. Means will RBI fine me under section 13 FEMA. Does is hold good for my case. What is the law and will I have any implication.
Asked 6 years ago in Income Tax

Hi

 

Get your NRI status updated with the bank asap. It is a violation of the FEMA regulations.

 

However as far as ITR for 18-19 is concerned, you should get the refund of TDS. Wait for the processing of the return. 

Lakshita Bhandari
CA, Mumbai
5687 Answers
943 Consultations

Dear Sir,

 

Hope you are doing well !!

 

It is advisable to consult with FEMA expert. You need to update the status of NRI as per FEMA regulations.

 

However, you will be able to get the refund of TDS for FY 2018-19.

 

 

 

 

Payal Chhajed
CA, Mumbai
5189 Answers
303 Consultations

Hello,

 

Wrong TDS deduction is done by the bank, no issue will arise for you. Better consult your bank for such deduction under wrong section.

I don't think  any notice will be issued for such deduction.

You will receive your refund in due time, wait for your return to get processed.

I hope this answer satisfies your requirement.

 

Regards,

CA Hunny Badlani

Hunny Badlani
CA, Madhya Pradesh
2608 Answers
16 Consultations

If you are a non resident and filing return as same then why would you not take your refund.

There must be some misunderstanding and the bank might have not registered that you are a non resident and mistakenly deducted tds under wrong section.

If you offer the same income and claim refund there wont be any questions asked to you and i have seen case where some TDS was deducted under 195 and some under 194J and similarly other sections for different type of income so dont worry.

Even if you receive some notices you can reply that you are an NRI and show them proof if you refuse to take refund and stop replying then that might create a problem.

There is no fixed duration for refund there might be some other issue if you want i can study your return and can guide you if you need any further assistance as well.

No you must file return and claim refund.

You must convert your saving account to NRO account, a FEMA expert would be better to answer but i think you should convert your account.

 

Hope you find the information helpful if you do please rate it 5 and provide your valuable feedback for my improvement.

Thank you.

 

 

Naman Maloo
CA, Jaipur
4303 Answers
101 Consultations

- You can not retain the saving bank account being NRI. It is recommended to change the residential status both in saving and FD accounts. You will get the refund though TDS deducted u/s 194A. 

Vivek Kumar Arora
CA, Delhi
5020 Answers
1144 Consultations

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