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Filed Wrong ITR Form? Here's How To Refile Before August 31 - Step-By-Step Guide

You may have submitted ITR-1 or ITR-2 in haste, only to realise later that your tax return also included intraday trading, F&O losses or income from freelance consulting. Such income can call for ITR-3 or ITR-4 instead.

Filed Wrong ITR Form? Here's How To Refile Before August 31 - Step-By-Step Guide
The first step is to check the current status of your return.
Image: Unslpash

Rushing to beat the July 31 tax deadline often means mistakes slip through, and one of the most common is picking the wrong ITR form, something you may not even realise until well after you've hit submit.

Maybe you filed ITR-1 or ITR-2 in a hurry, only to remember later that you'd also dabbled in intraday trading, taken a hit on F&O losses, or picked up some freelance income on the side. That kind of income usually calls for ITR-3 or ITR-4 instead, not what you originally filed.

So with the Aug. 31 deadline now looming for non audit business and professional taxpayers, the real question is: do you fix it right away, or wait and file a revised return later?

ALSO READ: Filed Your ITR Yet? 6.5 Crore Returns Are In. Here's Who Has Time Till August 31

Understanding Your Current Return Status

The first step is to sign in to the income tax e-filing portal and check the current status of your return. The action available to you will depend on whether the return has been verified.

  • Return still unverified: If the filing has not yet been verified, you can select the ‘Discard' option on the portal. This permanently removes the unverified return, after which you can submit a fresh return using the appropriate form, such as ITR-3 or ITR-4, before Aug. 31.

  • Return already e-verified: Once the return has been verified, you cannot submit another original return for the same assessment year. A second filing may trigger a system error. In this situation, the route is to submit a revised return under Section 139(5) of the Income Tax Act.

If your verified return has an error, the right time to correct it depends on your financial situation.

Why Correcting Your Return Before Aug. 31 Could Matter:

  1. Protecting loss carry-forwards: Taxpayers with eligible business or speculative losses, including F&O and intraday trading losses, may want to carry them forward to set off against eligible future profits. Filing the corrected ITR-3 within the applicable due date can help preserve the claim.

  2. Choosing the old tax regime: Individuals with business income who want to be taxed under the old regime may need to submit Form 10-IEA by the prescribed due date. Correcting the ITR before Aug. 31 can help avoid issues arising from an incorrect regime selection.

  3. Reducing the risk of additional costs: Fixing an error promptly can help taxpayers avoid complications associated with delayed corrections, including any applicable additional charges or late fees.

Can You Wait Until Later?

Under Section 139(5) of the Income Tax Act, taxpayers can generally file a revised return until March 31 of the relevant assessment year, as long as the assessment has not been completed.

However, delaying the correction could hold up a refund and increase the risk of receiving a Section 139(9) defective-return notice.

Choosing the wrong ITR form is an easy mistake to make, especially when filing close to the deadline. The good thing is that it can generally be corrected through a revised return within the permitted window.

For future filings, choosing the right form from the start can save you the hassle. If you're unsure which one applies to your income, it's worth checking with a chartered accountant.

ALSO READ: Credit Card Spends Lose Steam In July, SBI Cards Grows 22% YoY; Why Brokerages Are Wary

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