Tag: ITR

What is Income Tax? Meaning, Rules, Tax Slabs, Types and Tax Guide for Tax Year 2026-27

Posted on by CA Meet Dhrangadhariya

Last updated: 11 August 2026 · Written and reviewed by CA Meet Dhrangadhariya, CSM & Co LLP

Quick summary

  • Income tax is a direct tax on income, administered by the CBDT. Income up to 31 March 2026 is taxed under the 1961 Act and the Income-tax Act, 2025 applies from 1 April 2026.
  • The new regime is the default: nil tax up to ₹4 lakh, rising in steps to 30% above ₹24 lakh, with a ₹75,000 standard deduction and nil tax up to ₹12 lakh after the rebate.
  • Capital gains, lottery winnings and crypto income are taxed at special rates.
  • Choose the right ITR form, meet the due dates and pay tax through TDS, advance tax and self-assessment tax.

Income tax is the most important direct tax in India. It is charged on the income a person earns in a year, and it is administered by the Central Board of Direct Taxes (CBDT). Income earned up to 31 March 2026 (FY 2025-26, AY 2026-27) is taxed under the Income-tax Act, 1961. From 1 April 2026 a new law, the Income-tax Act, 2025, applies, and income is reported for a “Tax Year” (see our note on the Tax Year). Individuals can choose between the new and the old tax regime.

What is Income Tax?

Income tax is a tax on the income earned by a person in a year. The rate depends on the amount of income, the type of taxpayer and, for individuals, the regime chosen.

Who pays Income Tax?

The person who is liable to pay tax or any other sum under the Act is called the assessee. The Act recognises these kinds of persons:

  1. Individual
  2. Hindu Undivided Family (HUF)
  3. Company
  4. Firm, including a limited liability partnership (LLP)
  5. Association of Persons (AOP) or Body of Individuals (BOI)
  6. Local authority
  7. Artificial juridical person

The Income Tax Act

Under Article 265 of the Constitution, no tax can be levied or collected except under the authority of law. The rules for computing income, deductions, rates, surcharge, cess, due dates and penalties are in the Income-tax Act. After more than six decades of amendments the 1961 Act had become long and hard to follow, so the Income-tax Act, 2025 replaced it from 1 April 2026 with a simpler structure. Section numbers have changed, but most of the rates and rules are carried over.

The five heads of income

Income is computed under five heads: salary, income from house property, profits and gains of business or profession, capital gains, and income from other sources.

Income Tax Slab Rates

Individuals and HUFs are taxed on slab rates. The new regime is the default; an individual may opt for the old regime. Budget 2026 did not change the slab rates.

New tax regime

Total income Rate
Up to ₹4,00,000 Nil
₹4,00,001 to ₹8,00,000 5%
₹8,00,001 to ₹12,00,000 10%
₹12,00,001 to ₹16,00,000 15%
₹16,00,001 to ₹20,00,000 20%
₹20,00,001 to ₹24,00,000 25%
Above ₹24,00,000 30%
  • A standard deduction of ₹75,000 is allowed to salaried taxpayers and pensioners.
  • A rebate of up to ₹60,000 makes the tax nil for a total income up to ₹12 lakh (see rebate under section 87A).

Old tax regime (individuals below 60 years)

Total income Rate
Up to ₹2,50,000 Nil
₹2,50,001 to ₹5,00,000 5%
₹5,00,001 to ₹10,00,000 20%
Above ₹10,00,000 30%

The basic exemption limit is ₹3 lakh for resident senior citizens (60 to 79 years) and ₹5 lakh for resident super senior citizens (80 years and above) in the old regime. The standard deduction is ₹50,000 for salaried taxpayers and pensioners. The old regime allows many deductions and exemptions; the new regime allows very few.

Surcharge and cess

A surcharge is added to the tax of high-income individuals, and health and education cess of 4% is added on the tax plus surcharge. In the new regime the surcharge is capped at 25%.

Special tax rates

Income type Rate
Long-term capital gains on listed equity shares and equity mutual funds (held over 12 months) 12.5% on gains above ₹1.25 lakh in a year
Short-term capital gains on listed equity shares and equity mutual funds 20%
Long-term capital gains on other assets such as property and gold (held over 24 months) 12.5% without indexation
Winnings from lotteries, game shows, online games and betting 30% flat
Income from transfer of virtual digital assets (crypto assets) 30% flat

Debt mutual funds bought after 1 April 2023 and certain similar investments are taxed at your slab rate and not at the rates above.

Deductions

The following popular deductions are mainly available in the old regime:

  • Section 80C: up to ₹1.5 lakh for specified investments and payments.
  • Section 80CCD(1B): an additional ₹50,000 for contributions to the National Pension System.
  • Section 80D: health insurance premium and medical expenses.
  • Section 80E: interest on an education loan.
  • Section 24(b): interest on a home loan.
  • Sections 80TTA and 80TTB: interest on savings accounts, and for senior citizens interest from deposits.

The employer’s contribution to NPS under section 80CCD(2) is allowed in both regimes, up to 10% of salary in the old regime and 14% in the new regime. Under the Income-tax Act, 2025 these deductions carry new section numbers.

Income Tax Return (ITR)

Who need not file a return

  • A person whose total income is within the basic exemption limit (₹4 lakh in the new regime, ₹2.5 lakh in the old regime for those below 60) and who does not fall under the other mandatory filing cases.
  • A resident senior citizen aged 75 or more who has only pension and interest income from the same bank, where the bank deducts tax on the person’s declaration.

ITR forms

  • ITR-1: resident individuals with income up to ₹50 lakh from salary, one house property and other sources, and long-term capital gains under section 112A up to ₹1.25 lakh.
  • ITR-2: individuals and HUFs with capital gains, income above ₹50 lakh or no business income.
  • ITR-3: individuals and HUFs with business or professional income.
  • ITR-4: resident individuals, HUFs and firms (other than LLPs) opting for presumptive taxation, with income up to ₹50 lakh.
  • ITR-5: firms, LLPs, AOPs and BOIs.
  • ITR-6: companies other than those claiming exemption under section 11.
  • ITR-7: trusts and institutions under specified sections.

Documents to keep ready

Form 16, Form 26AS, the Annual Information Statement (AIS) and Taxpayer Information Summary (TIS), bank statements and interest certificates, proof of deductions, and your bank account details.

Due dates

The due dates are fixed each year and can be extended by the CBDT. For AY 2026-27 the usual dates were:

Taxpayer Due date
Individuals and others not requiring audit 31 July 2026
Taxpayers whose accounts require audit 31 October 2026, extended to 21 November 2026
Taxpayers with transfer pricing reports 30 November 2026

For the audit extension see our note on the ITR deadline extension for AY 2026-27. Late filing attracts a fee and interest.

How tax is paid

  • Tax deducted at source (TDS): the payer deducts tax from salary, interest, rent, professional fees and similar payments and deposits it with the government.
  • Advance tax: payable in instalments if the tax liability for the year is ₹10,000 or more: 15% by 15 June, 45% by 15 September, 75% by 15 December and 100% by 15 March. Taxpayers under presumptive taxation pay in one instalment by 15 March.
  • Self-assessment tax: any balance tax paid before filing the return.

Final Word

Income tax rules change often, especially around the move to the Income-tax Act, 2025. Choose the regime that suits you each year, keep your records ready, meet the due dates and take advice from a qualified professional where needed.

Frequently asked questions

What is income tax?

Income tax is a direct tax charged on the income a person earns in a year. In India it is administered by the Central Board of Direct Taxes and levied under the Income-tax Act.

Which tax regime is the default?

The new tax regime is the default. An individual can opt for the old regime, which allows deductions such as section 80C but has higher slab rates.

Is income up to ₹12 lakh really tax free?

In the new regime, a resident individual with total income up to ₹12 lakh pays no tax because of the section 87A rebate of up to ₹60,000. Salaried taxpayers get a further ₹75,000 standard deduction. Special-rate capital gains are not covered by the rebate.

What is the due date for filing an income tax return?

For AY 2026-27 the due date was 31 July 2026 for taxpayers not requiring audit, and 31 October 2026 for audit cases, extended to 21 November 2026. Due dates are fixed each year and can be extended.

Official sources

Related reading

Disclaimer

This article is for general informational purposes only and should not be considered professional advice. Please consult a qualified expert for advice tailored to your specific situation. The author and website owner are not liable for any errors or actions based on this content.

Old or New Tax Regime: How and When to Choose It in Your Return (Section 202, Tax Year 2026-27)

Posted on by CA Meet Dhrangadhariya

Last updated: 16 August 2026 · Written and reviewed by CA Meet Dhrangadhariya, CSM & Co LLP

Quick summary

  • The new regime in section 202(1) applies to individuals and HUFs by default. To use the old regime you must exercise an option under section 202(4).
  • A person with no business or professional income exercises the option with the return furnished under section 263(1) for that tax year, so the choice can be made afresh each year.
  • A person with business or professional income must exercise it on or before the due date; once exercised it continues, and it can be withdrawn only once.
  • The option rides on the return filed by the due date; do not assume a belated return can opt out of the new regime.
  • Your employer’s TDS follows the regime you tell it, but the return decides the final regime.

For tax year 2026-27, an individual is taxed under the new regime unless he chooses otherwise. The choice is made in the return, and the rules on how and when depend on whether you have business income. This post sets out section 202 of the Income-tax Act, 2025.

The default and the option

  • Section 202(1) states the slabs of the new regime: nil up to ₹4,00,000, then 5%, 10%, 15%, 20%, 25% and 30% above ₹24,00,000, and it applies to an individual, a HUF, an association of persons (other than a co-operative society), a body of individuals and an artificial juridical person, unless the person exercises the option in section 202(4).
  • Section 202(4) says that section 202(1) does not apply to a person who has exercised an option, in the prescribed manner, for the tax year. That person is taxed under the old slabs, with the old regime deductions and exemptions. Form 125 uses the same words: “opting out of the new tax regime under section 202”.

When to exercise the option (section 202(4))

Your income When and how
No income from business or profession (for example a salaried person, pensioner or investor) Along with the return of income furnished under section 263(1) for the tax year. The option applies to that year, so you can choose again next year
Income from business or profession On or before the due date for furnishing the return under section 263(1). Once exercised it applies to later tax years. It may be withdrawn only once for a tax year other than the year of the first exercise; after that you can never exercise it again, unless you cease to have business or professional income, in which case the option for persons without such income is open

What the new regime does not allow (section 202(2))

If you stay in the new regime, your total income is computed without:

  • Exemptions in Schedule III at serial numbers 5, 6, 7, 8, 11 and 17 (this includes the HRA exemption at serial 11), and serial numbers 12 and 13 other than those prescribed;
  • Professional tax under section 19(1) Table serial 1;
  • Interest under section 22(1)(b) on self-occupied houses (section 21(6));
  • Chapter VIII deductions, except the employer’s contribution to the notified pension scheme (section 124(1) and (2)), section 125(2) and section 146;
  • certain business deductions (sections 33(8), 45(3), 46, 47(1)(a), 48 and 49);
  • set-off of house property loss against other heads, and set-off of carried-forward losses or depreciation attributable to these deductions; and
  • any exemption or deduction for allowances or perquisites provided under any other law.

The standard deduction of ₹75,000 under section 19(1) and the retirement exemptions such as gratuity and leave encashment remain available.

The late return trap

The option is exercised “along with the return of income to be furnished under section 263(1)”. A belated return is furnished under section 263(4). Advisers read this to mean that a person who files after the due date cannot opt out of the new regime for that year. We have not found a ruling or circular that says otherwise, so file on time if you want the old regime.

Your employer and the regime

At the start of the year, tell your employer which regime to use for TDS. You may change your mind before the return; the employer’s deduction is only an estimate. At filing, you choose the regime that gives you the lower tax, on the evidence of your HRA, home loan, section 123 and other claims (Form 124 evidence, Rule 205). Any excess TDS comes back as refund.

How to decide

  1. Add up your actual old regime deductions: standard deduction ₹50,000, HRA exemption, section 123, own NPS, health insurance, home loan interest and others.
  2. Compare with the break-even for your salary in our post on saving tax by salary level. For example, at a salary of ₹20 lakh the old regime needs roughly ₹7.6 lakh of total deductions to match the new regime.
  3. If the old regime is better, exercise the option in the return and file by the due date.
  4. If you have business income, remember that the choice can be changed only once, and plan with a professional.

Frequently asked questions

Which regime applies if I do nothing?

The new regime in section 202(1) applies by default to an individual, HUF, AOP, BOI or artificial juridical person. To be taxed under the old regime you must exercise the option under section 202(4).

When must a salaried person choose the regime?

A person who has no income from business or profession exercises the option along with the return furnished under section 263(1) for that tax year (section 202(4)(b)). The choice is for the tax year, so it can differ from year to year.

What if I have business or professional income?

The option must be exercised on or before the due date for the return. Once exercised it applies to later tax years. It can be withdrawn only once, for a year other than the year it was exercised, and after that you can never opt out of the new regime again, unless you stop having business or professional income, when the salaried-type option becomes available (section 202(4)(a)).

Can I change the regime in a revised return?

The option is tied to the return furnished under section 263(1) for the year. The Act does not say that it can be exercised or changed through a revised or belated return. If you filed on time and made a different choice, take advice before relying on a revised return to change it.

What if I file late?

The section ties the option to the return under section 263(1). A belated return is furnished under section 263(4), so you should assume the new regime applies. Check with a professional before you claim old regime deductions in a belated return.

Does my employer’s choice bind me?

No. The employer deducts TDS on the regime you declare to it, but you decide the final regime when you file the return, and any excess TDS comes back as a refund.

Official sources

Disclaimer

This article is for general informational purposes only and should not be considered professional advice. Please consult a qualified expert for advice tailored to your specific situation. The author and website owner are not liable for any errors or actions based on this content.