Income tax return filing in India
Which Act and form apply, what you need to file and what happens after.
Which Act applies
The Income-tax Act, 2025 replaced the Income-tax Act, 1961 from 1 April 2026. Income earned in FY 2025-26 is still reported on a return for AY 2026-27 under the 1961 Act. Income earned from 1 April 2026 falls under the 2025 Act, as Tax Year 2026-27, and the first returns under it come in 2027. The Income Tax Department has published guidance on the transition.
Who should file
You must file if your income is above the basic exemption limit for your regime, and in certain other cases the law lists, for example some foreign assets or large transactions. Many people file even when not required, because a return supports refunds, carrying forward losses and proof of income for loans and visas.
Which form
| Form | Generally for |
|---|---|
| ITR-1 | Resident individuals with salary or pension and simple income |
| ITR-2 | Individuals and HUFs with capital gains or more complex income, but no business income |
| ITR-3 | Individuals and HUFs with business or professional income |
| ITR-4 | Eligible taxpayers opting for presumptive taxation |
| ITR-5 | Firms, LLPs and some other entities |
| ITR-6 | Companies |
| ITR-7 | Trusts and certain institutions |
Eligibility conditions apply to every form. The department's instructions decide which one you use, and using the wrong form can make the return defective.
What you need
- Form 16 or salary details, if you are employed.
- The Annual Information Statement and Form 26AS from the portal.
- Bank interest certificates and statements.
- Capital gains statements for shares, mutual funds or property.
- Proof of any deductions you claim.
- Books of account or a profit and loss summary, for business or professional income.
- Your bank account details for refunds.
Choosing a tax regime
Individuals can generally choose between the new and the old tax regime. The better one depends on the deductions you claim, so compare both for your numbers before you file.
Due dates and tax audit
Due dates depend on the type of taxpayer: individuals without audit, businesses without audit, tax audit cases and transfer pricing cases all differ. Check the current dates on the e-filing portal. Some businesses and professionals need a tax audit by a chartered accountant, and the audit report is due before the return. If you have missed a date, a belated or updated return may still be possible, so talk to a professional.
After you file
A return must be e-verified within the time allowed, which is currently 30 days of filing. A return that is not verified is treated as not filed.
What you pay
Filing on the e-filing portal carries no government fee. Professional fees depend on the form, the number of income sources and whether books or an audit are needed. We quote after we see your case.
This page is general information, not tax or legal advice, and rules and due dates change. Check the current position on the GST portal, the Income Tax Department's e-filing portal or with a qualified professional. Last reviewed October 2026.