Is ITR Filing Mandatory? Section 139(1) Conditions for AY 2026-27
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.
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Who must file independently of the income test
These categories must file a return regardless of income level or tax payable:
For the connected rule or filing step, see Rule 34 - Conditions subject to which approval is to be granted to a University, college or other in.
- 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:
| Trigger | Threshold |
|---|---|
| Deposits in one or more current accounts | More than โน1 crore (aggregate) |
| Expenditure on foreign travel | More than โน2 lakh |
| Expenditure on electricity | More than โน1 lakh |
| Business turnover | More than โน60 lakh |
| Professional gross receipts | More than โน10 lakh |
| Aggregate TDS/TCS during the year | โน25,000 or more (โน50,000 for a resident senior citizen) |
| Deposits in one or more savings bank accounts | โน50 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
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