As per my view you need to file ITR 1.
I received capital receipt for penalty payment from a builder and TDS was deducted on that, I understand that this does not form part of my income. I am an NRI. Question: Which ITR form should I be using to claim this TDS back from government? Is it ITR1? Thanks
I understand that this refund is paid on the excess money taken at the time of purchase of proeprty. if it is so than no tax is payable. you can file itr 1 and claim it back under excess tax deducted under ifos.
But if fact differ than answer may change accoridngly