Financial

Income Tax Return — Who Must File, and How

Filing is done on the income tax e-filing portal. The two things that cause most problems are picking the wrong form and forgetting to e-verify.

Issued by Income Tax Department, Government of India.

Last updated

Official source last verified 9 August 2026

At a glance

File at
incometax.gov.in
Cost
Free on the official portal
Verification
Within 30 days of filing, or the return is treated as never filed
Needed
PAN linked to Aadhaar, and a pre-validated bank account
Reconcile against
Form 26AS and the Annual Information Statement

You may have to file even with no tax to pay

Filing is not the same as paying. There are situations where a return is required regardless of whether any tax is due, and people miss this because their employer already deducted TDS.

  • Your total income before deductions exceeds the basic exemption limit.
  • You want a refund of TDS that was over-deducted — you cannot get one without filing.
  • You hold foreign assets or have signing authority over a foreign account.
  • You meet any of the specified high-value transaction conditions, which include large deposits, large electricity bills and foreign travel spending above thresholds.
  • You want to carry forward a loss to set against future income. This is only possible if the return is filed by the due date.

Which ITR form applies

Choosing the wrong form results in a defective return, which you then have to correct within a limited window. The portal now suggests a form based on your answers, and that suggestion is usually right — but it depends on the information you give it.

If you have capital gains, ITR-1 does not apply, however simple the rest of your income is. This is the most common misfiling.

Which ITR form applies
FormBroadly for
ITR-1 (Sahaj)Resident individuals with salary or pension, one house property and other income, within the prescribed income ceiling
ITR-2Individuals and HUFs without business or professional income — includes capital gains and more than one house property
ITR-3Individuals and HUFs with income from business or profession
ITR-4 (Sugam)Presumptive income under sections 44AD, 44ADA or 44AE, within the prescribed ceiling

Before you file

  1. Confirm your PAN is linked to Aadhaar. An inoperative PAN cannot be used to file.
  2. Pre-validate a bank account on the portal — refunds are only issued to a pre-validated account.
  3. Download Form 26AS and the Annual Information Statement from the portal.
  4. Reconcile the TDS in your Form 16 against Form 26AS. They should match exactly.
  5. Check the AIS for interest, dividends and transactions you may have forgotten. Income reported there and missing from your return is what generates a notice.
  6. Decide your regime. The one your employer applied for TDS is not binding on you at filing.

File, then verify

  1. Log in to incometax.gov.in and choose e-File → Income Tax Return.
  2. Select the assessment year and the form.
  3. Much of the return is pre-filled from Form 26AS and the AIS. Check every pre-filled figure rather than trusting it.
  4. Add anything missing, claim your deductions, and confirm the tax computed.
  5. Submit.
  6. E-verify within 30 days — by Aadhaar OTP, net banking, a demat account, or by posting a signed ITR-V to the CPC.

Frequently asked questions

Do I need to file if my employer already deducted TDS?
Usually yes, if your income exceeds the basic exemption limit. TDS is tax collected in advance; the return is where you report your total income, claim deductions and settle the difference. You also cannot claim a refund of excess TDS without filing.
Which ITR form should I use?
Broadly, ITR-1 for a resident individual with salary or pension, one house property and other income within the ceiling; ITR-2 if you have capital gains or more than one property; ITR-3 for business or professional income; ITR-4 for presumptive income. If you have capital gains, ITR-1 does not apply.
What happens if I do not e-verify?
The return is treated as never having been filed. Verification is required within 30 days of submission. Verify in the same sitting using an Aadhaar OTP — it takes under a minute and removes the risk entirely.
Can I change my tax regime at filing?
A salaried taxpayer with no business income can choose either regime when filing, regardless of what the employer applied for TDS. If you choose differently from your employer, expect either a refund or additional tax payable.

Official sources

Every figure on this page is traceable to the official source below. If a source has changed since the date shown, please tell us and we will correct it.