Income Tax

Is ITR Filing Mandatory? Section 139(1) Conditions for AY 2026-27

CA Nikhil GuptaยทAug 2026ยท6 min readIncome Tax

Filing an income-tax return can be mandatory even where no tax is payable, all tax was already deducted, or income is below the basic exemption limit. Section 139(1) sets out who must file โ€” and it is not just about the exemption limit.

A company or LLP must file even with a loss and no income. An individual can be required to file even below the exemption limit because of a small number of prescribed high-value transactions. Neither situation is exempted just because no tax is ultimately payable.

Who must file independently of the income test

These categories must file a return regardless of income level or tax payable:

  • Every company, and every partnership firm or LLP โ€” even with a loss and no income
  • Specified trusts, institutions, political parties and other statutory filers
  • A resident and ordinarily resident individual with a prescribed foreign asset, financial interest abroad, or signing authority over a foreign account
  • Anyone required to file under a specific notice or proceeding

The income threshold test

For an individual who isn't a company or firm, filing is mandatory if total income โ€” computed before claiming exemptions and Chapter VI-A deductions โ€” exceeds the basic exemption limit applicable to their age, residency status and chosen tax regime. This is a common error: filing is not judged on "tax payable after rebate," but on gross total income before the deductions that might reduce it to zero.

Seven prescribed high-value conditions that force filing anyway

Even where total income is below the exemption limit, filing becomes mandatory if any one of these conditions is met during the year:

TriggerThreshold
Deposits in one or more current accountsMore than โ‚น1 crore (aggregate)
Expenditure on foreign travelMore than โ‚น2 lakh
Expenditure on electricityMore than โ‚น1 lakh
Business turnoverMore than โ‚น60 lakh
Professional gross receiptsMore than โ‚น10 lakh
Aggregate TDS/TCS during the yearโ‚น25,000 or more (โ‚น50,000 for a resident senior citizen)
Deposits in one or more savings bank accountsโ‚น50 lakh or more (aggregate)

Add up amounts across all relevant accounts and payments โ€” the test applies to the aggregate, not to any single bank or card.

The foreign-asset trigger

A resident and ordinarily resident individual can have a mandatory filing obligation purely because of a foreign bank account, foreign shares or other financial interest, an overseas ESOP, foreign immovable property, signing authority over a foreign account, or beneficial ownership of a foreign asset โ€” even if that asset generated no income during the year. Confirm your residential status first using the residential status checker, since this obligation applies only to residents who are also "ordinarily resident."

Three myths that lead to missed filings

"My employer deducted all my tax, so I don't need to file." Incorrect if any filing condition above applies โ€” TDS is a payment mechanism, not a substitute for the return itself.

"My income is below the threshold, so filing can never be mandatory for me." Incorrect where a high-value or foreign-asset condition applies regardless of income level.

"My refund is small, so I'll skip filing." Filing is still mandatory if a condition applies, and it is also the only way to actually claim that refund.

Conditional relief for very senior citizens โ€” Section 194P

A resident individual aged 75 or above can be relieved of the filing obligation, but only where all of these hold: pension is received from a specified bank, the only other income is interest from an account at that same bank, a declaration in the prescribed form is furnished to the bank, and the bank itself computes the deduction, rebate and final tax. This is a narrow, conditional relief โ€” not a blanket "75-plus need not file" rule.

What to do once you've confirmed filing is mandatory

Next, use the ITR form selector to identify the correct form, and check ITR filing AY 2026-27 due dates for your applicable deadline by category. If your due date has already passed, see belated, revised and updated returns for your remaining options.

Frequently Asked Questions

Do I have to file ITR if my income is below the exemption limit? โ–ผ
Not automatically โ€” but you must still file if any of the seven prescribed high-value conditions apply (large current-account deposits, high foreign travel or electricity spend, business/professional receipts above the threshold, high aggregate TDS/TCS, or large savings-account deposits), or if you hold a prescribed foreign asset as a resident.
Does TDS deduction by my employer mean I don't need to file? โ–ผ
No. TDS is a tax-payment mechanism, not a substitute for filing. If any mandatory-filing condition applies to you, you must still file even if all your tax was already deducted at source.
Are companies and firms required to file even with a loss? โ–ผ
Yes. Every company and every partnership firm or LLP must file a return regardless of income or loss โ€” there is no income-threshold exemption for these categories.
Can a person aged 75 or older skip filing entirely? โ–ผ
Only under a narrow conditional relief (Section 194P): the pension and any other income (limited to interest) must come from one specified bank, a declaration must be filed with that bank, and the bank computes the final tax itself. Outside these conditions, normal filing obligations apply.

Source and review trail

Use the current official instrument, portal or regulator publication before acting. This panel separates the category authority from page-specific references.

Primary category
Income Tax
Official starting point
www.incometax.gov.in

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