Quick answers
- Salaried + one house + interest income up to Rs 50 lakh: ITR-1 (Sahaj).
- Capital gains, foreign income or more than one house: ITR-2.
- Business or professional income (regular books): ITR-3.
- Presumptive income under 44AD/44ADA/44AE up to Rs 50 lakh: ITR-4 (Sugam).
- Firms, LLPs and AOPs/BOIs: ITR-5; Companies: ITR-6; Trusts/political parties: ITR-7.
Why picking the right form matters
A defective return triggers a Section 139(9) notice. If you miss the 15-day correction window, the return is treated as never filed — bringing late fee under 234F, interest under 234A and refund delays.
The wrong form can also disqualify you from carrying forward business losses or claiming foreign tax credit.
ITR form selector
| Form | Who can file | Cannot use if |
|---|---|---|
| ITR-1 (Sahaj) | Resident individual, salary/pension/one house/interest, income ≤ Rs 50 lakh | Director, unlisted shares, capital gains, foreign income |
| ITR-2 | Individual/HUF without business income — incl. capital gains, foreign assets | Income from business or profession |
| ITR-3 | Individual/HUF with business or professional income (regular books) | Trusts, firms, companies |
| ITR-4 (Sugam) | Resident with presumptive income 44AD/44ADA/44AE, income ≤ Rs 50 lakh | Foreign income/asset, more than one house |
| ITR-5 | Partnership firms, LLPs, AOP, BOI, AJP | Individual, HUF, companies, Section 11 trusts |
| ITR-6 | Companies other than those claiming Section 11 exemption | Section 11 trusts, individuals |
| ITR-7 | Trusts, political parties, research institutions filing under 139(4A)-(4D) | Regular taxpayers |
Common mistakes to avoid
- Filing ITR-1 despite earning capital gains from shares — must use ITR-2 instead.
- Filing ITR-4 with foreign income — Sugam disqualifies foreign assets/income.
- Directors and unlisted shareholders mistakenly using ITR-1 — they must use ITR-2/3.
- LLPs filing ITR-6 — companies use ITR-6, LLPs use ITR-5.
Penalties on wrong filing
Defective return — Section 139(9): rectify within 15 days; else treated as not filed.
Late fee — Section 234F: Rs 5,000 (Rs 1,000 if total income ≤ Rs 5 lakh).
Interest — Section 234A: 1% per month from the due date till filing.
Key takeaways
- Salary + one house + interest, total ≤ Rs 50 lakh → ITR-1.
- Capital gains / foreign assets / director / unlisted shares → ITR-2.
- Business income (regular books) → ITR-3; presumptive ≤ Rs 50 lakh → ITR-4.
- Firms/LLPs → ITR-5; Companies → ITR-6; Trusts → ITR-7.
- Verify within 30 days — return is incomplete until e-verified.
Frequently asked questions
- Konsa ITR form chunau? Income source aur taxpayer type ke basis pe — chart use karein.
- I am a freelancer with Rs 30 lakh — can I file ITR-4? Yes, under Section 44ADA if professional, presumptive at 50%.
- What if I file the wrong form? You get a Section 139(9) notice — fix within 15 days.
- Can salaried + crypto income use ITR-1? No — crypto/VDA income forces ITR-2 (or ITR-3 if business).
- Is ITR-2 mandatory for NRIs? Yes, NRIs generally file ITR-2 (or ITR-3 if business income).
- Director ke liye konsa form hai? ITR-2 (no business) or ITR-3 (with business income).
- What if I have multiple house properties? ITR-2 (or ITR-3 with business income).
- Does ITR-4 allow audit cases? No — if 44AB audit applies, you cannot use ITR-4.
ITRIncome TaxITR FormsTax Filing
About the author
Rohit
Senior Advisor at Regikart. Want to discuss this in the context of your business?
