Updated for Assessment Year 2025–26
Choosing the correct ITR form is not just a technical requirement—it’s a financial safeguard. A mistake here can lead to your return being treated as defective, causing refund delays, penalty notices, or even reopening of assessments. With the Income Tax Department of India updating rules and eligibility criteria for AY 2025–26, understanding which ITR form suits your unique financial situation is more critical than ever.
This blog serves as your complete guide to navigating the maze of ITR forms, ensuring you file the right one based on your income sources, residential status, capital gains, business activity, and more.
Why Choosing the Correct ITR Form Matters
Filing your income tax return with the wrong ITR form can lead to:
- Receiving a Section 139(9) defective return notice.
- Losing the opportunity to carry forward capital losses.
- Rejection or delay of tax refunds.
- Attracting penalties for under-reporting or misreporting.
- Legal scrutiny or audits.
Choosing the correct form ensures seamless return processing, refund issuance, and compliance with tax laws.
Understanding Each ITR Form and Its Use Case
ITR 1 (Sahaj): For Simple Salary Income
Use ITR 1 if:
- You’re a resident individual (not NRI, RNOR, or HUF).
- Your total income is ≤ ₹50 lakh.
- Income includes:
- Salary or pension.
- One house property (with no carry-forward losses).
- Interest from savings or fixed deposits.
- Long-term capital gains (LTCG) up to ₹1.25 lakh (under Section 112A—new from FY 2024-25).
- Agricultural income up to ₹5,000.
Avoid using ITR 1 if:
- You’re a company director or own unlisted shares.
- You own more than one property.
- You have business income or income from virtual digital assets (like crypto).
- You have foreign assets or income.
- You need to carry forward capital losses.
New for AY 2025–26:
You can now declare up to ₹1.25 lakh LTCG from shares or mutual funds using ITR 1. Earlier, this required ITR 2.
ITR 2: For Investors, NRIs, and Those with Multiple Income Sources
Choose ITR 2 if:
- You are an individual or HUF.
- You have:
- Capital gains of any amount.
- Multiple house properties.
- Foreign assets or income.
- Agricultural income above ₹5,000.
- You are a director or hold unlisted equity shares.
- You have clubbed income (spouse/minor).
- You are an RNOR or NRI.
Don’t use ITR 2 if:
- You have business or professional income (filing as a proprietor). Use ITR 3 instead.
New for AY 2025–26:
Excel Utility now supports filing revised returns under Section 139(8A).
ITR 3: For Business Owners, Freelancers, and Traders
File ITR 3 if:
- You’re an individual or HUF with:
- Income from business or profession.
- Income from F&O trading (treated as business income).
- Capital gains with carry-forward losses.
- Unlisted equity shares.
- Partner in a partnership firm (not LLP).
- Income from multiple sources like salary, rental income, interest, etc.
Note: If you’re opting out of the new tax regime, file Form 10-IEA.
Avoid ITR 3 if:
- Your income qualifies for presumptive taxation and is within limits—then use ITR 4.
ITR 4 (Sugam): For Presumptive Taxpayers
ITR 4 is designed for:
- Resident individuals, HUFs, or partnership firms (not LLPs).
- Those opting for presumptive taxation under:
- Section 44AD (business with turnover ≤ ₹2 crore).
- Section 44ADA (professional with receipts ≤ ₹50 lakh).
- Section 44AE (transporters owning ≤10 goods carriages).
Income types allowed:
- Salary or pension.
- One house property.
- LTCG under Section 112A up to ₹1.25 lakh (no carry-forward).
- Other sources like bank interest (not lottery/races).
Avoid ITR 4 if:
- Income > ₹50 lakh.
- Business turnover > ₹2 crore.
- You are an RNOR or NRI.
- You hold unlisted equity shares.
- You have foreign assets or capital losses to carry forward.
Freelancer Tip:
Only use ITR 4 if opting for presumptive scheme. If you maintain books of accounts, use ITR 3 instead.
ITR 5: For LLPs, AOPs, Trusts, and Societies
Use ITR 5 if you’re:
- A partnership firm (not proprietorship).
- A Limited Liability Partnership (LLP).
- AOP, BOI, or estate of deceased/insolvent person.
- Co-operative society, trust, or business trust not required to file ITR 7.
Don’t use ITR 5 if:
- You’re an individual, HUF, or company.
Opting out of the new tax regime? Submit Form 10-IEA.
Lesser-Known Scenarios You Should Be Aware Of
1. Capital Gains > ₹1.25 Lakh? Avoid ITR 1
Even if your income is under ₹50 lakh, if you have capital gains above ₹1.25 lakh, you must file ITR 2.
2. Holding ESOPs or Unlisted Shares? Use ITR 2 or ITR 3
If you hold ESOPs from startups or any unlisted equity, even without selling, you must avoid ITR 1/4.
3. Trading in Futures & Options? Use ITR 3
Even if it’s a side activity, F&O income is considered business income, and you must use ITR 3.
4. Returning NRIs Might Be RNORs
If you were an NRI for 9 out of the last 10 years or stayed in India for less than 729 days in the last 7 years, you’re an RNOR. You can’t use ITR 1/4.
5. Carry Forward Capital Losses? Use ITR 2/3
You cannot carry forward losses if you file ITR 1 or ITR 4. Use ITR 2/3 to ensure tax savings in future years.
What Happens If You Choose the Wrong ITR Form?
You may receive a Section 139(9) defective return notice. Here’s what to do:
- Log in to the portal → Check “e-Proceedings.”
- Download the notice.
- Rectify and re-submit with the correct ITR form within 15 days.
- Failure to respond can make your return invalid.
Common Tax Notices You Might Get—and How to Respond
🔹 Section 143(1): Intimation After Processing
Issued for mismatches in income or TDS.
Action:
- Log in → verify → pay or file rectification.
🔹 Section 133(6): Request for Financial Info
Issued for high-value transactions.
Action:
- Submit supporting docs (bank statement, property documents).
🔹 Section 245: Refund Adjustment
If refund is adjusted against old dues.
Action:
- Accept or dispute in portal under “e-Proceedings” within 15 days.
🔹 Section 142(1): Inquiry Before Assessment
Issued for non-filing or further information.
Action:
- File pending return or provide requested data.
🔹 Section 148: Income Escaping Assessment
Issued if previous returns missed income.
Action:
- Revise return and submit supporting documents.
🔹 Section 271AAC(1): Penalty for Unexplained Income
Applicable for large unexplained cash deposits.
Action:
- Justify with bank statements, sale agreements, etc.
Final Checklist Before You File
- Check your income sources (salary, business, capital gains).
- Validate foreign income/assets.
- Calculate LTCG and determine if carry-forward is needed.
- Determine residential status (resident, RNOR, NRI).
- Choose the right ITR form based on eligibility.
- File before the deadline to avoid penalties.
Quick Comparison Table of ITR Forms (AY 2025–26)
ITR Form | Applicable To | Income Sources Allowed | Key Eligibility Criteria | Not Applicable If |
ITR 1 (Sahaj) | Resident Individuals | Salary/Pension, 1 House Property, Other Sources, LTCG up to ₹1.25L | Total income ≤ ₹50L, No business income, No foreign income | You’re an NRI/RNOR, Director, own unlisted shares, more than 1 house |
ITR 2 | Individuals & HUFs | All of ITR 1 + Capital Gains, Multiple House Property, Foreign Income | No business/professional income | You have business or professional income (use ITR 3) |
ITR 3 | Individuals & HUFs | Business/Professional Income, Capital Gains, F&O, Salary, House Property | Business/professional income, partners in firm | You have opted for presumptive taxation (use ITR 4) |
ITR 4 (Sugam) | Resident Individuals, HUFs, Firms (non-LLP) | Presumptive Income under 44AD/44ADA/44AE + Salary, 1 House, Other Sources | Income up to ₹50L, Turnover up to ₹2 Cr | You’re NRI/RNOR, have capital gains/losses to carry forward, unlisted shares |
ITR 5 | LLPs, AOPs, BOIs, Trusts, Societies, Firms | All sources applicable to such entities | For firms and associations other than individuals & HUFs | Not for individuals or companies |
ITR 6 | Companies (Except those claiming exemption u/s 11) | All sources of company income | Must be electronically filed | If exempt under Sec 11 (use ITR 7) |
ITR 7 | Persons including Trusts, Political Parties, Research Institutions | Income claimed exempt u/s 139(4A to 4F) | For charitable/religious institutions and political bodies | Not for general business entities |
Conclusion: Filing the Right ITR Form is Non-Negotiable
Tax filing is not just a formality; it’s a declaration of your financial footprint. The wrong ITR form can derail your compliance, cause refund losses, and lead to unnecessary notices.
By carefully assessing your income type, tax profile, and eligibility, you can choose the right ITR form and file confidently.
Bookmark this guide. Share with friends or clients. Stay compliant. Stay stress-free.
FAQs: Choosing the Right ITR Form & Handling Tax Notices (AY 2025–26)
1. Which ITR form should I use if I’m salaried and have only one house property?
You can file ITR 1 (Sahaj) if:
- You’re a resident individual
- Your total income is ₹50 lakh or less
- You have no capital gains above ₹1.25 lakh
- You don’t own more than one property, unlisted shares, or have foreign income
2. I have long-term capital gains of ₹2 lakh from equity mutual funds. Can I still use ITR 1?
No. ITR 1 allows capital gains up to ₹1.25 lakh under Section 112A.
Since your gains exceed that, you must file ITR 2.
3. Can freelancers and small business owners use ITR 1 or ITR 2?
No.
Freelancers and small business owners must use ITR 3 or ITR 4 depending on:
- Whether they opt for presumptive taxation (then use ITR 4)
- Or maintain regular books of accounts (then use ITR 3)
4. What happens if I file the wrong ITR form?
Filing the incorrect form can result in:
- Defective return notice under Section 139(9)
- Rejection of return
- Loss of refund
- Inability to carry forward losses
Always double-check eligibility criteria before submitting.
5. I hold unlisted shares but haven’t sold them. Can I still file ITR 1?
No.
Even if you haven’t sold them, holding unlisted equity disqualifies you from filing ITR 1 or ITR 4. You must use ITR 2 or ITR 3.
6. I returned to India after years abroad. Which ITR form do I use?
If you qualify as an RNOR (Resident but Not Ordinarily Resident) based on past years of NRI status, you can file ITR 2 (if no business income) or ITR 3 (if business/professional income).
7. What is presumptive taxation, and which form supports it?
Presumptive taxation under Sections 44AD, 44ADA, or 44AE lets eligible taxpayers declare income at a fixed rate without maintaining detailed books.
Use ITR 4 (Sugam) if:
- You’re a resident individual, HUF, or firm (not LLP)
- Turnover is within ₹2 crore (business) or ₹50 lakh (profession)
8. Is F&O income treated as capital gains or business income?
F&O income is treated as business income, even if it’s a side activity.
Therefore, you must file ITR 3, not ITR 2 or ITR 1.
9. Can I carry forward my capital losses if I file ITR form 1 or ITR 4?
No.
Only ITR 2 and ITR 3 allow carry-forward of short-term or long-term capital losses.
10. What should I do if I receive a notice under Section 139(9)?
This is a defective return notice.
- Log in to the income tax portal
- Review the errors
- Correct and refile the return within 15 days
11. What is a scrutiny notice under Section 143(2)?
This means your return has been selected for detailed scrutiny.
- Submit all requested documents
- Attend hearings (if called)
- Respond via portal
Non-compliance may result in estimated assessments and penalties.
12. What is ITR Form 10-IEA and when is it required?
Form 10-IEA is needed when:
- You’re opting out of the new tax regime
- Required when filing ITR 3, 4, or 5
13. Can an LLP file ITR form 4?
No.
LLPs must use ITR 5. ITR 4 is only for individuals, HUFs, and partnership firms (non-LLP).