Is it mandatory to file income tax returns in India?

Asked by: Kaya Dickinson  |  Last update: June 8, 2026
Score: 4.9/5 (28 votes)

Yes, filing an Income Tax Return (ITR) is mandatory in India if your total annual income exceeds the basic exemption limit (₹2.5 lakh to ₹3 lakh, or ₹7 lakh under the default new regime for FY 2024-25). It is also compulsory if you have foreign assets, high-value bank deposits, or high expenditure on foreign travel or electricity, even if your income is below the taxable limit.

Is it mandatory to file a tax return in India?

Every person having taxable income and whose accounts are not liable to audit must file an Income Tax Return. If total income exceeds Rs. 5 lakh, it is mandatory to file the return online. Self-assessment tax liability should be paid before filing Income Tax Return; otherwise return will be treated as defective.

What is the minimum income to not file a tax return in India?

All individuals and entities with a taxable income are required to file ITR. It is mandatory for all taxpayers whose income exceeds the exemption limit – ₹2.5 lakhs (under 60 years) for the old regime and ₹7 lakhs for the new regime.

Do NRI need to file tax return in India?

As an NRI, PIO, or OCI, you may be required to file tax returns in India if your Indian income surpasses the specified threshold or if you seek to claim refunds for excess tax deductions. While filing an ITR is mandatory only under certain circumstances, voluntary filing can be beneficial in many ways.

What happens if you don't file a tax return in India?

Consequences of Not Filing ITR

Failing to meet this deadline could result in a penalty of ₹ 5000 if the return has been submitted after the due date under Section 234F. The penalty is reduced to ₹ 1000 if your total income is under ₹ 5 lakh for the concerned year.

Who Should File ITR | Who Should File Income Tax Return | is itr filing is mandatory

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Is it a crime to not file tax returns?

§ 1.6011-1(a). Any taxpayer who has received more than a statutorily determined amount of gross income is obligated to file a return. Failure to file a tax return could subject the noncomplying individual to criminal penalties, including fines and imprisonment, as well as civil penalties.

Can you go to jail for tax evasion in India?

As per Section 276C, if a taxpayer willfully attempts to evade tax or under-report income with the amount exceeding Rs 25 lakh, it invites imprisonment for a term of at least six months up to seven years along with a fine.

Who is exempt from filing ITR in India?

Certain NRIs: If the NRIs are only generating income from dividends or interest, or if their income is subject to TDS, then they might be exempted from filing tax returns. Senior Citizens (above 75 years): Senior citizens above the age of 75 whose income consists of pension and interest can be exempt from filing ITR.

What is the penalty for not declaring NRI status in India?

If you fail to declare your NRI status and are treated as a resident, your global income may be taxed in India. Non-disclosure could lead to: Penalties under Section 271F: A fine of ₹10,000 for failure to file an Income Tax Return (ITR). Interest under Section 234A/B/C: For delay in filing or paying advance tax.

What is the 90% rule for non-residents?

The "90-day rule" for non-residents typically refers to two different concepts: in U.S. immigration, it's a guideline for determining if a non-immigrant misrepresented their intent by engaging in certain activities (like unauthorized work or immediate marriage) within 90 days of arrival, leading to visa fraud or inadmissibility. In Canadian tax law, the 90% rule allows non-residents to claim full federal tax credits if 90% or more of their world income is from Canadian sources, otherwise, credits are prorated.

Who is not required to file income tax?

The minimum income amount to file taxes depends on your filing status and age. For 2025, the minimum income for Single filing status for filers under age 65 is $15,750 . If your income is below that threshold, you generally do not need to file a federal tax return.

Is inr ₹7 lacs income tax free in India?

With the recent changes in the Indian Income Tax Act, it's now possible to pay zero tax on a salary of up to Rs. 7 lakhs. To pay zero tax on a 7 lakh salary using the old tax regime, maximize deductions: Claim Tax Rebate under Section 87A.

Do I need to file ITR if my income is below 5 lakhs?

The short answer is: No, you do not need to file ITR for income less than 2.5 LPA (Lakhs Per Annum).

What to do if you never filed taxes?

If you have not filed a tax return in one or more years, file as soon as possible. This can help you reduce penalties and interest you may owe. Visit our forms and instructions to get the forms you need file for the applicable tax years.

Do NRIs have to file ITR in India?

New Tax Regime: Introduced in 2020, this regime offers a simplified tax structure. NRIs opting for this regime are required to file ITR if their total income in India exceeds ₹3 lakhs in a financial year.

What happens if I don't convert my account to NRO?

In case you fail to convert your resident savings account to an NRO account there are penalties involved, including: A fine of up to three times the amount in your bank account; or. A fine of ₹2 lakh if the amount is not quantifiable.

Can I file an ITR after 5 years?

No, you cannot file ITR for the last 10 years now. The maximum deadline to file an updated return is 48 months (4 years) from the end of the relevant assessment year. No, Rebate u/s 87A is not applicable for updated returns.

Do Indians in Canada pay income tax?

As an Indian, you are subject to the same tax rules as other Canadian residents unless your income is eligible for the tax exemption under section 87 of the Indian Act.

Who pays 42% tax in India?

Maximum marginal rate is the highest rate of tax at any income level. This means for those with incomes between Rs 2 crore and Rs 5 crore, 39% will be the highest applicable tax rate, and for those with incomes above Rs 5 crore, it will be 42.74% — the highest tax rate since 1992.

Should I file tax if I have no income?

Any year you have minimal or no income, you may be able to skip filing your tax return and the related paperwork. However, it's perfectly legal to file a tax return showing zero income, and this might be a good idea for a number of reasons.

What happens if you don't pay taxes for 10 years?

The IRS may also assess interest on unpaid taxes, file a substitute return on your behalf, place a tax lien on your property, or resort to garnishment of your wages. In extreme cases, the IRS can pursue criminal charges for tax evasion or fraud.

What is the biggest tax evasion case in India?

IT Raid at Sahara Group Offices

In 2014, the Income Tax Department executed one of the biggest income tax raids in India on Subrata Roy's Sahara Group. During the raid, IT officials seized electronic records, documents, and Rs. 135 Crore of undeclared cash from the Group's offices.

Is it bad to never file taxes?

If you never file, the IRS can take action at any time. Old unfiled returns can still lead to penalties, interest, and enforced collection. Filing voluntarily is the only way to start the statutory limits that protect you.

How much does CA charge for ITR?

ITR Filing Charges:

Salaried ITR Filing: ₹1,000/- Capital Gain / Share Gain-Loss ITR: ₹1,500/- Business ITR – 44AD Return: ₹2,000/- All other ITR Filing: ₹3,000/-