ITR Filing AY 2026-27 Salaried Step by Step Guide

Tax & Investing · ITR filing rules for salaried · Quick answer 30 sec · Full read 25 min

Update — June 2026

  • ITR-2 utility is now live for AY 2026‑27 (online + offline/Excel on the e-filing portal), so salaried filers with capital gains can file now — check incometax.gov.in/downloads for the current version.
  • Staggered due dates this year: salaried / non-audit ITR-1 & ITR-2 — 31 July 2026; non-audit business ITR-3 & ITR-4 — 31 August 2026; audit cases — 31 October 2026. Confirm your form’s date on the portal before filing.
31 Jul 2026
Non-audit ITR deadline (ITR-1 & ITR-2)
ITR-2
Mandatory if you had any capital gains in FY 2025-26
Rs 5,000
Max late fee under Section 234F, Income-tax Act, 1961
30 Days
E-verify window after submission

This applies to you if

  • You are a salaried employee filing your income tax return for AY 2026-27 (FY 2025-26) and want to know what rules changed before you open the portal.
  • You sold any equity mutual fund units or shares during FY 2025-26 — including a single ELSS maturity — which makes ITR-2 mandatory regardless of the gain amount.
  • Your capital gains tax liability for the year may exceed Rs 10,000, triggering advance tax obligations your employer’s TDS does not cover.
  1. Five ITR filing rules for salaried filers changed for AY 2026-27 — the IT Act 2025, Budget 2025 slabs, the CBDT 87A circular, staggered deadlines, and Form 12BAA.
  2. The three changes that catch salaried filers out
  3. Which ITR form to file is not a choice — one equity redemption in the year makes ITR-2 mandatory, regardless of gain amount.
  4. Nine documents to gather before the portal session: Form 16, Form 26AS, AIS, TIS, and a fund-wise capital gains statement from your broker.
  5. The ten-step filing sequence on eportal.incometax.gov.in, from login to submission.
  6. AIS reconciliation is the check that prevents demand notices — especially for capital gains, where AIS shows gross proceeds, not gains.
  7. Section 87A of the Income-tax Act, 1961 does not reduce capital gains tax; even if your salary tax is zero, your capital gains tax is payable in full.
  8. Advance tax on capital gains is due quarterly and mandatory once total liability exceeds Rs 10,000 — your employer’s TDS does not cover it.
  9. Four mistakes account for most demand notices: wrong ITR form, 87A applied to capital gains, undeclared AIS income, and missed advance tax.
  10. After filing: e-verify within 30 days, track your refund, and file a revised return under Section 139(5) / Section 263 by 31 December 2026 if needed.

ITR filing rules for salaried filers: what changed for AY 2026-27

Five ITR filing rules for salaried taxpayers changed this year. Three affect every filer with equity exposure. Handle all five before you open the portal.

Consider the most common way this goes wrong. A salaried filer has used ITR-1 for years. This year an ELSS holding completed its lock-in and they redeemed it. They file ITR-1 again, because that is what they always file. ITR-1 has no Schedule CG, so the return declares no capital gain. The department’s AIS, fed directly by the registrar, shows the redemption. The mismatch is automatic and the demand notice follows months later. Nothing was concealed — the filer simply did not know that one redemption changes which form is permitted. Five rules of that kind govern AY 2026-27.

Income-tax Act 2025 is now in force. The Income-tax Act, 1961 was repealed with effect from 1 April 2026 and superseded by the Income-tax Act, 2025. For AY 2026-27, the 1961 Act governs the FY 2025-26 transactions being declared — the capital gains happened under its provisions. But from FY 2026-27 onwards, compliance runs under the 2025 Act, and both sets of section numbers appear in official communications. In this guide, wherever 1961 Act sections are cited, the 2025 Act equivalent appears in brackets: Section 87A is Section 156; Section 111A is Section 196; Section 112A is Section 198; Section 139 is Section 263. The full mapping, and what the transition means for the return you file next year, is in our Income-tax Act 2025 guide.

Budget 2025 revised the new-regime slabs. The new-regime tax rates for FY 2025-26 are: 0% on the first Rs 4 lakh, 5% on Rs 4–8 lakh, 10% on Rs 8–12 lakh. The Section 87A / 156 rebate ceiling under the new regime rose to Rs 60,000, zeroing salary tax for most earners below Rs 12 lakh. The old-regime rebate ceiling stayed at Rs 12,500. Confirm which regime applied to your employer’s TDS deduction by checking Form 16 Part A.

The three changes that catch salaried filers out

CBDT Circular No. 13/2025 (19 September 2025) confirmed the 87A carve-out. Section 87A of the Income-tax Act, 1961 (Section 156, IT Act 2025) applies only to income taxed at regular slab rates. Capital gains taxed at flat special rates — short-term under Section 111A / 196 at 20%, long-term under Section 112A / 198 at 12.5% — fall entirely outside the rebate. The circular resolved a dispute that generated demand notices in AY 2025-26 when filers applied the rebate against capital gains tax and effectively zeroed out their CG liability.

Staggered deadlines apply this year. Salaried and non-audit filers using ITR-1 or ITR-2: 31 July 2026. Non-audit business filers using ITR-3 or ITR-4: 31 August 2026. Audit cases: 31 October 2026. Confirm your form’s applicable deadline on the portal before filing — these dates have moved in prior years and the portal is the authoritative source.

Form 12BAA (effective from FY 2024-25) allows salaried employees to declare their regime choice to their employer for correct TDS deduction from the beginning of the financial year. If you did not submit it for FY 2025-26, your employer defaulted to the new regime. You can still select the old regime at filing, but any shortfall in TDS carries monthly interest under Section 234B, Income-tax Act, 1961, from 1 April 2026.

Which section replaced the one you know

61 provisions mapped from the Income-tax Act 1961 to the Act of 2025.

One email when something changes. No daily digest.

ITR Form Selection: ITR-1 vs ITR-2

The ITR form is not a choice — it is determined by your income type. Filing the wrong form triggers a defect notice from the department. You get 15 days to correct it. Miss that window and your return is treated as if it was never submitted.

ConditionFile ITR-1 (Sahaj)?File ITR-2?
Salary income + one house property + interest/dividends, total income ≤ Rs 50L, NO capital gainsYESNot required
Any equity mutual fund redemption or share sale during FY 2025‑26NO — ITR-1 has no Schedule CGYES, mandatory
Total income above Rs 50L (salary + other sources)NOYES
More than one house property, or foreign income / foreign assetsNOYES

The ELSS trap. You claimed ELSS deductions for years, the 3-year lock-in ended, and you redeemed. That one redemption — even if the gain is below the Rs 1.25L LTCG exemption — makes ITR-2 mandatory. You must declare it in Schedule CG. ITR-1 is not an option.

Old regime opt-in via Form 12BAA. Since FY 2024‑25, Form 12BAA lets you declare your regime choice to your employer so they deduct TDS correctly. If you missed it, your employer deducted TDS under the new regime by default. You can still pick the old regime when you file your ITR — but any tax shortfall will attract monthly interest charges (explained in the Advance Tax section below). Check your Form 16 Part A to confirm which regime was applied.

Editor’s Analysis

ITR form misselection is the most common first error in salaried returns. The filer who chose ITR-1 for five years simply chooses it again — without realising one ELSS maturity changed everything. The AIS system catches this automatically. Mutual fund redemption data flows directly from RTAs to the IT department. There’s no hiding it. You either catch the error before filing or the department catches it after.

Documents to Download Before You Start

Don’t open the e-filing portal until you have all of this ready. Incomplete prep is the main reason people abandon a half-finished session.

The nine documents to have open before you start. Sources are the official portals; do not substitute a broker email or an app screenshot for the statement itself.
DocumentWhat it gives youWhere to get it
Form 16 Part A and Part BPart A: TDS deducted and deposited. Part B: salary breakup, allowances, deductions. Issued by 15 June 2026HR / payroll
Form 26ASAll TDS deducted against your PAN. Cross-reference against Form 16incometaxindia.gov.in → Login → e-File → Income Tax Returns → View Form 26AS
AIS (Annual Information Statement)Every financial transaction reported on your PAN. The document to reconcile most carefullyincometaxindia.gov.in → Login → e-File → Income Tax Returns → View AIS
TIS (Taxpayer Information Summary)Aggregated AIS. Quick total-amount cross-check before you enter figuresSame AIS portal page
Capital gains statement from broker or fund houseFund-wise, ISIN-wise, date-wise with cost of acquisition. Your authoritative source for Schedule CG — not AISBroker portal → Tax → Capital Gains Report (FY 2025-26)
80C investment proofs (old regime only)PPF passbook, ELSS statements, LIC receipts, EPF statement, tuition feesRespective institutions
Bank loan interest certificate (old regime only)Home loan interest deduction — Section 24(b) of the 1961 Act, Section 22 of the 2025 ActLender (bank / NBFC)
Health insurance premium receipt (old regime only)Deduction under Section 80D of the 1961 Act (Section 126 of the 2025 Act)Insurer
NPS contribution statement80CCD(1B) deduction (old regime) or 80CCD(2) employer contribution (both regimes)NPS Trust portal / NSDL

Filing on the e-Filing Portal: Step by Step

The ITR-2 form for AY 2026-27 is live on the portal. Have all nine documents from the previous section ready before you begin.

1
Go to eportal.incometax.gov.in and log in with your PAN and password. First time? Click “Register” and complete the one-time PAN-based setup.
2
From the dashboard, go to e-File → Income Tax Returns → File Income Tax Return.
3
Select Assessment Year: AY 2026‑27 and Filing Type: Original Return. Click Continue.
4
Select ITR Form: ITR-2. If you have only salary income with no capital gains, ITR-1 is available — but check the form selection table above. When in doubt, ITR-2 is the safer choice for salaried equity investors.
5
Select Mode: Online (pre-filled). This imports your data from Form 26AS, AIS, and TIS. Don’t auto-accept it — review every entry, especially capital gains, before moving forward.
6
Choose your Tax Regime. Haven’t decided yet? Use the FinEstate Tax Calculator before you pick. If your Form 16 shows new-regime TDS, you can still switch to old regime here — but check the difference in liability and pay any shortfall first. Full decision guide at Old vs New Tax Regime FY 2025‑26.
7
Review pre-filled data. Check salary figures against Form 16 Part B. Check TDS entries against Form 26AS. For capital gains — compare against your broker’s statement before accepting anything.
8
Complete Schedule CG for capital gains. STCG under Section 111A, Income-tax Act, 1961 (Section 196, IT Act 2025) at 20%, LTCG under Section 112A (Section 198, IT Act 2025) at 12.5%, and other CG under Section 112 if applicable. See Section 6 below for the correct method.
9
Complete other schedules: House Property, Chapter VI-A deductions (80C, 80D — old regime only), and confirm the computed tax liability. If balance tax is due, pay via Challan 280 before submission.
10
Click Submit. E-verify within 30 days using Aadhaar OTP (instant, preferred), Net Banking EVC, or physical ITR-V by speed post to CPC Bengaluru. An unverified return is treated as not filed.

AIS Reconciliation: The Check That Prevents Demand Notices

When you file your ITR, the department automatically matches what you declared against what’s in your AIS. Any unexplained gap triggers a processing flag — and eventually a notice. Reconcile before you file, not after.

TDS on Salary. Your AIS TDS, Form 26AS, and Form 16 Part A should all show the same number. If they don’t — use the Form 16 / Form 26AS figure in your return. That’s the authoritative employer record. Then flag the AIS discrepancy using the feedback option (see below) so there’s a paper trail.

Interest Income. AIS picks up interest from every savings account and FD linked to your PAN — including accounts you barely use. This income is taxable. Pull your bank statements and check every line.

Dividends. Equity and MF dividends appear in AIS and are taxable at slab rates. They go under “Income from Other Sources” in your ITR. Don’t skip them.

MF Redemptions and Share Sales — highest risk. AIS shows gross sale proceeds, not gain. To get the actual gain, you need your broker’s capital gains statement with cost of acquisition and FIFO accounting. Never copy AIS figures directly into Schedule CG. Use your broker’s statement as the primary source; treat AIS as a cross-check.

“AIS shows gross sale proceeds, not gain. Never copy AIS figures directly into Schedule CG. Use your broker’s statement as the source of truth.”

How to raise AIS feedback. If AIS shows something wrong — a transaction belonging to someone else, or a misclassified redemption — open the AIS portal, find the entry, click “Submit Feedback,” and select the right response. It doesn’t fix AIS immediately, but creates a record you can reference if challenged.

Editor’s Analysis

AIS data quality for MF redemptions has been patchy. In AY 2024‑25, SIP units redeemed across multiple dates sometimes appeared as a single bulk sale with no cost-of-acquisition figure at all. Accepting AIS’s numbers without checking your broker’s fund-wise capital gains report is the fastest way to get Schedule CG wrong. Broker and fund house statements use correct FIFO cost accounting. Use those as your source of truth, and treat AIS as the verification layer.

Schedule CG: Why Section 87A Does Not Reduce Your Capital Gains Tax

Start with the example that explains everything. Gross salary Rs 9.25L + STCG Rs 3L. After the Rs 75,000 standard deduction, taxable salary is Rs 8.5L, so total income is Rs 11.5L — within the Rs 12L Section 87A / 156 ceiling under the new regime, and the salary slab tax of Rs 25,000 is zeroed by the rebate. But the STCG tax of Rs 60,000 plus Rs 2,400 cess = Rs 62,400 is owed in full. Note the threshold test runs on total income including the capital gains — push the STCG to Rs 5L and total income crosses Rs 12L, at which point the rebate vanishes entirely and even the salary tax becomes payable. Section 87A of the Income-tax Act, 1961 (Section 156, IT Act 2025) does not reach capital gains tax. CBDT Circular No. 13/2025 dated 19 September 2025 confirmed this explicitly. Full mechanics in the Old vs New Tax Regime guide, and the demand notices this produced are set out in our piece on the Rs 62,400 Section 87A STCG demand notice.

“Section 87A of the Income-tax Act, 1961 does not reach capital gains. Even if your salary tax is zero, your STCG tax is owed in full. CBDT Circular No. 13/2025 dated 19 September 2025 confirmed this explicitly.”

Schedule CG in ITR-2 is where you declare capital gains from equity, debt, and other assets. For salaried investors with equity MFs or shares, three sub-sections matter:

Section 111A, Income-tax Act, 1961 (Section 196, IT Act 2025) — STCG on listed equity and equity MFs held under 12 months. Taxed at a flat 20% for FY 2025‑26. No deductions, no exemptions, and no Section 87A rebate — even if your salary tax is fully covered by it. Enter the gross gain from your broker’s statement.

Section 112A, Income-tax Act, 1961 (Section 198, IT Act 2025) — LTCG on listed equity and equity MFs held 12 months or more. The first Rs 1.25L of LTCG is exempt each year. Gains above that are taxed at 12.5%. Enter your total long-term gains; the portal calculates the taxable portion automatically.

Section 112, Income-tax Act, 1961 — LTCG on other assets (debt funds, gold ETFs, property). Rates vary by asset type after Budget 2024. If you only hold equity MFs and listed shares, Sections 111A and 112A are the only two sub-sections you need. For debt or property gains, consult a CA.

AY 2026-27 uses a single capital gains rate all year

  • For FY 2025-26 returns, a single STCG rate of 20% and LTCG rate of 12.5% apply throughout the full year.
  • The split-rate complication — gains before 23 July 2024 at 15% / 10%, after at 20% / 12.5% — applied only to FY 2024-25 (AY 2025-26).
  • If you are filing a belated or revised return for AY 2025-26, the split-rate logic applies to that return. It does not apply to the AY 2026-27 return you are filing now.

Compute your combined salary and capital gains liability under both regimes at the FinEstate tax calculator — the correct 87A logic is built in.

Advance Tax: What You Owe If You Sold Equity During the Year

You must pay advance tax whenever your total tax bill for the year — after subtracting TDS already deducted — is likely to exceed Rs 10,000. Your employer’s TDS covers salary. It does not cover capital gains. First-time equity investors regularly miss this and find out about the interest charges only when the demand notice arrives.

Section 211, Income-tax Act, 1961 due dates for FY 2025‑26:

InstalmentDue DateCumulative % to Pay
First15 June 202515%
Second15 September 202545%
Third15 December 202575%
Fourth (final)15 March 2026100%

Note: Capital gains arising after 15 March can be paid as a lump sum by 31 March without attracting Section 234C, Income-tax Act, 1961 interest.

Worked example: advance tax on Rs 3 lakh of STCG. Computed by FinEstate on the stated assumptions — not a quoted figure. Section 234B of the 1961 Act charges 1% per month on unpaid advance tax from 1 April to the filing date; Section 234C charges 1% per month on each quarterly shortfall. Both apply separately and add up.
LineAmount
STCG realised during FY 2025-26Rs 3,00,000
STCG tax at 20% — Section 111A of the 1961 Act (Section 196, 2025 Act)Rs 60,000
Health and education cess at 4%Rs 2,400
Total capital gains tax liabilityRs 62,400
Advance tax threshold of Rs 10,000Exceeded → advance tax mandatory
Should have been paid by 15 March 2026Rs 62,400 (100%)
Section 234B interest if nothing was paid, filing in July 2026 (about 4 months)approx Rs 2,500
Total payable at filing, approximateRs 64,900

Editor’s Analysis

Advance tax on capital gains is the most consistently overlooked obligation for salaried equity investors. TDS creates a “tax is handled” feeling — and for salary income, it is. But from the moment you sell equity in April, the clock starts. If your CG tax crosses Rs 10,000 by 15 June, the first instalment is due. The right sequence: sell equity → estimate the gain → check advance tax liability → pay by the next quarterly due date. Use the tax calculator to estimate your combined liability before each instalment date.

Four Mistakes That Trigger Demand Notices

These four errors account for the large majority of demand notices received by salaried equity investors in AY 2025‑26.

Mistake 1: Filing ITR-1 when AIS shows capital gains. There’s no grey area — AIS receives MF redemption and share sale data automatically from RTAs and depositories. Filing ITR-1 and leaving Schedule CG blank is a mismatch the system detects automatically. File ITR-2 if you had any equity redemption in the year.

Mistake 2: Applying Section 87A against capital gains tax. Section 87A of the Income-tax Act, 1961 (Section 156, IT Act 2025) applies only to income taxed at regular slab rates — salary, interest, business income. Capital gains under Sections 111A (196), 112, and 112A (198) are taxed at flat special rates and fall entirely outside the rebate. Even if your salary tax is zero, your capital gains tax is payable in full. This applies under the new regime (Rs 12L threshold) only; old-regime 87A threshold remains Rs 5L. CBDT Circular No. 13/2025 dated 19 September 2025 confirms the carve-out. No exceptions.

Mistake 3: Not declaring interest and dividends visible in AIS. Savings account interest, FD interest, and equity dividends are all in AIS and all taxable. Any income visible in AIS that doesn’t appear in your ITR is an automatic mismatch. Either declare it or submit AIS feedback explaining why it doesn’t belong to you.

Mistake 4: Missing old-regime opt-in and advance tax on capital gains. If you didn’t submit Form 12BAA, your employer deducted new-regime TDS. You can still opt for old regime at filing, but any balance tax comes with monthly interest from 1 April under Section 234B, Income-tax Act, 1961. Separately: if your CG tax exceeded Rs 10,000 and you paid nothing by 15 March 2026, Section 234B interest accrues on the full unpaid amount.

Editor’s Analysis

One check specific to AY 2026‑27: confirm any guide or calculator you use has the correct Budget 2025 parameters. The new regime slabs changed — 0% up to Rs 4L, 5% on Rs 4‑8L, 10% on Rs 8‑12L — and the Section 87A ceiling under the new regime rose to Rs 60,000 (old regime remains Rs 12,500). Anything written before February 2025 has the wrong slabs. The FinEstate tax calculator applies the right rules for each AY automatically — just select AY 2026‑27 before calculating.

After Filing: E-Verification, Refund Tracking, Revised Returns

Submitting the ITR is not the last step. An unverified return is treated as if it was never filed. You have 30 days to e-verify.

1
Aadhaar OTP — fastest. Select e-Verify → Aadhaar OTP → enter the OTP sent to your Aadhaar-linked mobile. Instant, under two minutes, works around the clock.
2
Net banking EVC. Log in to net banking, go to the Income Tax section, generate an EVC. Works for most major banks. Five to ten minutes.
3
Physical ITR-V — fallback. Print and sign the ITR-V acknowledgement and post it to CPC, Post Box No. 1, Electronic City Post Office, Bengaluru 560100. It must arrive within 30 days of e-filing, so post it early.

ITR Filing Last Date — AY 2026‑27: 31 July 2026

Salaried and non-audit cases (ITR-1 and ITR-2). Miss this and Section 234F, Income-tax Act, 1961 charges Rs 1,000 if total income ≤ Rs 5L; Rs 5,000 otherwise. Late filing also forfeits the ability to carry forward capital losses to future years. If the date has already passed, the belated-return route and what it costs are set out in our guide to filing after the ITR deadline.

Refund Tracking. Refunds go directly to your pre-validated bank account. Track status at: eportal.incometax.gov.in → e-File → Income Tax Returns → View Filed Returns → Refund/Demand Status. Most e-verified returns process in 30–60 days. What each status message means, and what to do when a refund stalls, is covered in our ITR refund status guide.

Made a mistake? File a revised return under Section 139(5) of the Income-tax Act, 1961 (Section 263, IT Act 2025) before 31 December 2026 — no late fee. The revised return replaces the original; no need to withdraw it first. (Subject to CBDT extensions — verify at eportal.incometax.gov.in before the deadline.)

Which section replaced the one you know

61 provisions mapped from the Income-tax Act 1961 to the Act of 2025.

One email when something changes. No daily digest.

Key Takeaways

  • Any equity MF redemption or share sale in FY 2025‑26 — even a single ELSS maturity — makes ITR-2 mandatory. ITR-1 has no Schedule CG, and filing the wrong form triggers a defect notice.
  • The Income-tax Act, 1961 was repealed from 1 April 2026. For AY 2026-27, the 1961 Act governs FY 2025-26 transactions; the 2025 Act governs compliance from AY 2027-28. Dual citations in this article: Section 87A = 156; Section 111A = 196; Section 112A = 198; Section 139 = 263.
  • Submit Form 12BAA to your employer at the start of the financial year to ensure old-regime TDS. If you missed it for FY 2025-26, you can still opt for old regime at filing — but balance tax carries monthly Section 234B interest from 1 April.
  • Download your AIS and compare every capital gains entry against your broker’s capital gains statement before you open the portal. AIS has shown classification errors in prior years. Your broker’s fund-wise report is the authoritative Schedule CG source.
  • Section 87A of the Income-tax Act, 1961 (Section 156, IT Act 2025; new regime, Rs 12L threshold) zeroes out salary tax — but capital gains tax under Sections 111A (196) and 112A (198) must be paid in full regardless. The Rs 12L threshold itself is a total income test that includes capital gains. CBDT Circular No. 13/2025 dated 19 September 2025 is explicit on the carve-out.
  • If your CG tax liability exceeds Rs 10,000, advance tax was mandatory. Anything unpaid by 15 March 2026 attracts Section 234B, Income-tax Act, 1961 interest from 1 April. Pay the balance via Challan 280 before filing.
  • E-verify within 30 days of submission — Aadhaar OTP takes under 2 minutes. The last date to file without a late fee is 31 July 2026.

Frequently Asked Questions

Which ITR form should a salaried Indian with equity mutual fund redemptions file for AY 2026‑27?

ITR-2. ITR-1 (Sahaj) does not include Schedule CG and cannot accommodate any capital gains declaration. Even a single redemption — including an ELSS maturity — makes ITR-2 mandatory. Filing ITR-1 with capital gains in AIS is flagged as a mismatch and can result in a defective return notice or a demand for the undeclared gain.

What is the last date to file ITR for AY 2026‑27 without a late fee?

31 July 2026 for salaried individuals and non-audit cases. Filing after this date incurs a late fee under Section 234F, Income-tax Act, 1961: Rs 1,000 if total income does not exceed Rs 5 lakh, Rs 5,000 otherwise. Late filing also forfeits the ability to carry forward capital losses to future assessment years.

How do I reconcile AIS data with my actual capital gains before filing?

Download your AIS from incometaxindia.gov.in (Login → e-File → View AIS) and separately download your capital gains statement from your broker or fund house. Compare each fund-wise transaction: sale proceeds, cost of acquisition, and resulting gain. Where AIS shows a different figure, investigate the source. If AIS is wrong (misclassification, data from a different PAN holder), submit feedback via the AIS portal. Use your broker’s statement as the basis for Schedule CG entries.

Do I need to pay advance tax on capital gains as a salaried filer?

Yes, if your estimated tax liability — including capital gains tax after accounting for TDS on salary — exceeds Rs 10,000 for the year. TDS deducted by your employer covers salary income only. Capital gains are not subject to TDS at source. Advance tax on capital gains follows the same quarterly schedule: 15 June, 15 September, 15 December, and 15 March. If you paid nothing and your CG liability exceeded Rs 10,000, interest under Sections 234B and 234C, Income-tax Act, 1961 applies from 1 April 2026.

What happens if I file ITR-1 when I should have filed ITR-2?

The IT department issues a defective return notice under Section 139(9) of the Income-tax Act, 1961 (Section 263, IT Act 2025), giving you 15 days to rectify the return with the correct form. If you do not respond within the window, the defective return is treated as invalid — equivalent to not filing. In some cases, the department processes the original defective return and raises a demand for the capital gains not declared. Filing a revised return under Section 139(5) of the Income-tax Act, 1961 (Section 263, IT Act 2025) with the correct ITR-2 form is the resolution, provided the deadline of 31 December 2026 has not passed.

How do I opt for the Old Tax Regime in AY 2026‑27 if my employer deducted TDS under the new regime?

You can select the old regime in your ITR at the time of filing. The portal asks for your regime choice at the start of the filing process. If your old-regime liability is higher than the TDS already deducted (because new-regime TDS was lower), the difference is payable as self-assessment tax via Challan 280 before or at the time of filing. Interest under Sections 234B and 234C, Income-tax Act, 1961 applies on the shortfall from the due dates. For FY 2025‑26 onwards, submit Form 12BAA to your employer before the next financial year begins to ensure old-regime TDS deduction from the start.

Primary sources

  1. Income-tax Act, 1961 — Sections 87A, 111A, 112, 112A, 115BAC, 139, 211, 234B, 234C, 234F; the governing Act for FY 2025-26 transactions declared in AY 2026-27 returns
  2. Income-tax Act, 2025 — corresponding provisions (Sections 156, 196, 198, 263, and others); in force from 1 April 2026
  3. Finance Act 2024 — STCG/LTCG rate revision, effective 23 July 2024
  4. Finance Act 2025 (Union Budget, February 2025) — new-regime slab revision and revised Section 87A rebate ceiling
  5. CBDT Circular No. 13/2025, dated 19 September 2025 — confirmed Section 87A of the 1961 Act (Section 156, IT Act 2025) does not apply to capital gains taxed at flat special rates; authoritative on the 87A carve-out
  6. eportal.incometax.gov.in — ITR-2 AY 2026-27 online filing portal and utility downloads
  7. incometaxindia.gov.in — AIS, TIS, and Form 26AS access

Secondary sources and commentary

  • CBDT portal notifications and financial press reporting on staggered AY 2026-27 filing deadlines. The income tax portal is the authoritative source for current deadlines; verify before filing.
  • Financial press reporting on ITR-2 utility availability dates and portal procedures. Portal is the authoritative source for current status.

The Bottom Line

Pick your regime first. Then choose the right ITR form. Get Schedule CG and AIS reconciliation right. Everything else follows from those three steps. The rule that generates the most demand notices on this topic is not complex: Section 87A does not reach capital gains, the form that does not have Schedule CG is not the right form, and your employer’s TDS does not cover capital gains tax. Each of the three is simple. Each is regularly ignored.

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Disclosure and method

The specific error on this page that generates demand notices: believing Section 87A of the Income-tax Act, 1961 (Section 156, IT Act 2025) zeroes capital gains tax. It does not — even if your salary tax is fully covered by the rebate, short-term and long-term capital gains are taxed at flat special rates with no rebate offset. Note also that the Rs 12 lakh eligibility threshold is a total income test that includes capital gains, so a large enough gain removes the rebate altogether. Confirm your capital gains tax liability via Challan 280 before filing, not after. All Income-tax Act, 1961 section citations in this article reflect the provisions governing FY 2025-26 transactions; the Income-tax Act, 2025 supersedes the 1961 Act from 1 April 2026. Portal procedures should be confirmed at eportal.incometax.gov.in at the time of filing — CBDT can extend or modify deadlines. The worked advance-tax example is FinEstate’s own computation on the stated assumptions, not a quoted figure, and your own liability will differ. Nothing here is tax, legal or financial advice — see our full disclaimer. Researched and drafted with AI assistance and reviewed before publication. Key figures are verified against primary sources named above.

Keep reading

This article is part of our income tax guide — the full set of explainers for salaried Indians, in the order you actually meet them.