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Frequently Asked Questions (FAQs)

Can a taxpayer with capital gains from mutual funds or shares file ITR-1?

No. ITR-1 (Sahaj) cannot be used by taxpayers who have any capital gains income, including from the sale of mutual funds, shares, or property. Such taxpayers must use ITR-2 or another applicable form depending on their overall income profile.

Can a person owning two house properties still use ITR-1?

No. ITR-1 is restricted to taxpayers owning at most one house property, and only where there is no brought-forward loss from that property. Anyone owning two or more house properties must file ITR-2 instead.

Is ITR-1 applicable to Non-Resident Indians (NRIs)?

No. ITR-1 (Sahaj) is available only to resident individuals with the qualifying income profile. NRIs, regardless of income level or source, must file ITR-2 or another applicable form.

What happens if a taxpayer files the wrong ITR form, such as ITR-1 when ITR-2 applies?

A return filed on an incorrect or inapplicable form can be treated as a defective return under Section 139(9) of the Income Tax Act. The taxpayer is given an opportunity to rectify the defect within the specified period, failing which the return may be treated as invalid.

Is agricultural income completely excluded from ITR-1 eligibility?

Not entirely -- ITR-1 permits agricultural income only up to ₹5,000. A taxpayer with agricultural income exceeding this threshold, even if otherwise eligible on the salary, pension, or single-property criteria, must use ITR-2 instead.

Do you offer a free legal consultation for ITR filing?

Yes, an initial consultation is available to help confirm the correct ITR form for your income profile and ensure accurate, timely filing. You can call +91-9815580037 and ask for Mr. Harish Tiwari to schedule a discussion with the team.

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