What is ITR?
Also called: Income Tax Return
An ITR is the annual statement of income, deductions and tax paid that a taxpayer files with the Income Tax Department, normally by 31 July for individuals who are not subject to audit.
There are seven forms and using the wrong one makes the return defective under section 139(9). ITR-1 (Sahaj) covers salaried people with income up to ₹50 lakh from salary, one house property and other sources. ITR-2 adds capital gains and more than one house property. ITR-3 is for business or professional income. ITR-4 (Sugam) is the presumptive scheme.
Filing after the due date attracts a late fee under section 234F — ₹1,000 where total income is under ₹5 lakh and ₹5,000 above it — and forfeits the right to carry forward most losses.
Why it matters
A filed ITR is the document banks ask for on a loan application and consulates ask for on a visa application. It is the only proof of income most people have.
A worked example
A salaried employee earning ₹12,00,000 with ₹1,50,000 of 80C investments and ₹2,00,000 of home loan interest compares the two regimes for the year.
| Gross salary | ₹12,00,000 |
|---|---|
| Old regime: standard deduction | ₹50,000 |
| Old regime: 80C | ₹1,50,000 |
| Old regime: section 24(b) home loan interest | ₹2,00,000 |
| Old regime taxable income | ₹8,00,000 |
| New regime: standard deduction only | ₹75,000 |
| New regime taxable income | ₹11,25,000 |
Taxable income is ₹3,25,000 lower under the old regime here, because the deductions are real and being used. Take away the home loan and the answer reverses — which is why the regime choice has to be computed on your own figures each year rather than settled once.
The statutory position
| What | Position | Source |
|---|---|---|
| Due date, individuals not subject to audit | 31 July following the financial year | Section 139(1), Income-tax Act 1961 |
| E-verification window | 30 days from filing | CBDT Notification 05/2022 |
| Belated and revised return deadline | 31 December following the financial year | Sections 139(4) and 139(5) |
| Late filing fee | ₹5,000, reduced to ₹1,000 where total income is under ₹5 lakh | Section 234F, Income-tax Act 1961 |
Not to be confused with
These get used interchangeably, including by tools that should know better. They are different things.
Form 16
Form 16 is the certificate your employer gives you. The ITR is the return you file. Receiving the first does not accomplish the second, and this is the commonest misunderstanding in Indian personal tax.
Form 26AS
26AS is the department's record of tax credited against your PAN. It is what you check the return against, not a return in itself.
Questions people ask
Do I have to file if my employer already deducted all the tax?
Which ITR form applies to me?
What if I miss 31 July?
What usually goes wrong
- Filing from Form 16 alone while the AIS shows interest, dividend or a property sale as well
- Forgetting to e-verify within thirty days, which makes the return legally non-existent
- Choosing the regime by habit rather than computing both on the year's actual numbers
- Filing ITR-1 in a year with any capital gain, which makes it defective