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Yes, an NRI will have to file income tax returns in India if they have any kind of income that is taxable in India. This can include income received from property located in India, from investments like savings accounts, also from capital gains on the sale of assets in India. If you fail to do the same, then it could lead to imprisonment for about six months to even seven years as per Section 276CC of the Income Tax Act.
If you are an NRI, the income earned and received outside India, and money sent back, is not taxable, but if your income is earned in India by any means, like from a savings account, rental income, or any other kind, and if it exceeds Rs 2,50,000, then you need to file a tax return in India.
NRIs need to file an income tax return in India will depend on their income and specific criteria such as Income sources, tax treaties, and more.
NRIs may not file a return if their income in India is less than the limit of exemption and no TDS has been deducted. If TDS (Tax Deducted at Source) has been deducted and you are allowed for a refund in the ordinary course, then you can file an ITR and get the refund by authorizing a TRP (Tax return preparer) to file your ITR.
NRI must check their income sources and the amount to determine the requirement to file income tax returns in India. You can contact a tax professional to get personalized advice and avoid any issues.
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I file my return every year as I earn some rental income in India, which exceeds the exemption limit. It is quite an easy process and there is nothing to stress about. It helps to claim refunds in case of excess tax deductions. Although filing an ITR is only necessary under certain situations, if you do it voluntarily, it might benefit you in many ways.