IN BRIEF
Filing below the taxable limit is the duty under Section 139(1) of the Income-tax Act, 1961 to furnish a return even when total income stays under the basic exemption limit, because the seventh proviso and Rule 12AB make specified deposits, spending, turnover, receipts, tax deducted and savings deposits filing triggers on their own.
Short answer first. Yes, sometimes you must. A return can be compulsory for a person who owes no tax at all, because the duty to file under Section 139(1) of the Income-tax Act, 1961 is not built on your tax bill. It is built on your income level first, and then on a list of transactions that trigger filing on their own. If one of those transactions is yours, the return is due whether your income is ₹2 lakh or ₹20 lakh.
I meet this confusion every season. A retired parent with a small pension. A homemaker whose savings account saw large deposits when the family sold a plot. A young freelancer who earned little but received fees with tax deducted. Each of them says the same line: "My income is below the limit, so I do not have to file." Sometimes that line is right. Sometimes it is quietly wrong, and the person finds out from a notice instead of from an adviser.
The basic rule, and the limits for FY 2025-26
Companies and firms file in every case, profit or loss. Everyone else files when total income crosses the maximum amount that is not charged to tax — the basic exemption limit. One detail matters here: the test runs on your income before the Chapter VI-A deductions such as Section 80C and 80D are taken out. You cannot deduct your way below the limit and then claim the duty never arose.
| Your position | Basic exemption, FY 2025-26 |
|---|---|
| Old regime, below 60 years | ₹2,50,000 |
| Old regime, senior citizen (60 to 80) | ₹3,00,000 |
| Old regime, super senior citizen (above 80) | ₹5,00,000 |
| New regime under Section 115BAC, any age | ₹4,00,000 |
Cross the figure that applies to you, and filing is compulsory. Stay below it, and you move to the second test — the transaction triggers below.
"But I pay no tax at ₹12 lakh. Surely I am exempt?"
No. This is the mix-up I correct most often, so let me be plain. Under the new regime, Section 87A gives a resident individual a rebate of up to ₹60,000 when total income is up to ₹12,00,000, and marginal relief softens the edge just above that line. The result is real: many people with income of ₹12 lakh pay exactly nothing. I have explained that working in our guide to the old regime versus new regime choice, and the arithmetic is not in doubt.
But a rebate wipes out tax. It does not wipe out the duty to file. The duty test asks whether your total income crossed ₹4,00,000 in the new regime. At ₹12 lakh of income you crossed it long ago. You file, the rebate is applied inside the return, and the tax payable comes to nil. Skipping the return because the answer would have been zero is where people go wrong. Zero tax is a result. It is not an exemption from filing.
Three triggers written into Section 139 itself
The seventh proviso to Section 139(1), brought in by the Finance (No. 2) Act, 2019, says that a person who is not otherwise required to file must still file, on or before the due date, if during the previous year he or she:
- deposited an amount, or amounts in total, exceeding ₹1 crore in one or more current accounts with a bank or a co-operative bank;
- spent an amount, or amounts in total, exceeding ₹2 lakh on travel to a foreign country, for himself or herself or for any other person; or
- spent an amount, or amounts in total, exceeding ₹1 lakh towards consumption of electricity.
Read the wording with care. These are aggregate figures across the whole year and across accounts, not per transaction. The foreign travel clause even excludes travel to neighbouring countries and to pilgrimage places the Board has notified. And notice what is absent: the size of your income. A person can earn ₹1.8 lakh, run a small shop's collections through a current account that crosses ₹1 crore in deposits over the year, and be squarely inside this duty.
Think of it the way a bank treats a locker. The bank may waive the rent for a year, but you still sign the register on every visit, because the register records the visit, not the rent. These triggers work the same way. The register entry — your return — follows the transaction, not the tax.
Four more triggers sit in Rule 12AB
The seventh proviso leaves room for more conditions to be prescribed, and the CBDT prescribed them in Rule 12AB of the Income-tax Rules, 1962, through Notification No. 37/2022 dated 21 April 2022. Filing becomes compulsory, again regardless of income, if during the previous year:
- your total sales, turnover or gross receipts in a business exceeded ₹60 lakh;
- your total gross receipts from a profession exceeded ₹10 lakh;
- the tax deducted at source and tax collected at source in your case added up to ₹25,000 or more — ₹50,000 or more if you are a resident senior citizen; or
- the deposits in your savings bank accounts, taken together, came to ₹50 lakh or more.
The professional-receipts line catches people out. A consultant, designer or doctor in a slow year may well take home less than the basic exemption after expenses, yet gross receipts above ₹10 lakh make the return compulsory. The test sits on receipts, not on profit. The TDS line catches another group: the retired person whose bank deducted tax on fixed deposit interest all year. If that deducted tax crossed ₹25,000 in total, the return is due even if the pension and interest together stayed modest.
One more duty that hides in plain sight: anything held abroad
A separate proviso to Section 139(1) covers residents other than those who are not ordinarily resident. If you held an asset outside India as a beneficial owner or as a beneficiary at any time during the year, or you had signing authority over an account outside India, you must file — even if you had no taxable income here at all. An old bank account from a stint abroad, left open with a small balance, is the usual story. The duty does not wait for the balance to grow.
Not compulsory for you? Filing can still pay
Now the honest second half. Everything above is law. What follows is practice — the reasons I advise clients to file even when no rule forces them. None of this is a legal duty, and I will not dress it up as one.
- A refund exists only inside a return. If tax was deducted from your salary, interest or fees and your final tax is lower, the excess comes back only when a return claims it. No return, no refund. The deducted money simply stays with the department.
- Losses need a timely return to survive. A business loss or a capital loss can be carried forward only if the return for that year was filed within the due date. File late, or not at all, and the loss dies with the year — this one does have a legal edge, under Section 139(3) read with Section 80.
- Loan files run on ITRs. Banks and housing finance companies routinely ask for two to three years of returns when they underwrite a home loan or a business loan. A gap year invites questions at exactly the moment you want speed.
- Visa officers read filing history. Embassy documentation lists for many countries ask for recent ITRs as proof of income and of ties to India. A clean, continuous record is boring. Boring is what you want in that file.
- The return doubles as proof. The ITR acknowledgement and computation are accepted widely as income proof, and the acknowledgement supports your address record too. For freelancers and small traders without salary slips, it is often the only formal income document that exists.
If a trigger applied and you did not file
File now, late, rather than not at all. A belated return carries a fee under Section 234F — ₹5,000, reduced to ₹1,000 where total income does not exceed ₹5 lakh — and interest where tax was payable. That is a manageable cost. The harder cost is the broken record: the refund that was never claimed, the loss that can no longer be carried forward, the loan file with a missing year. Those do not come back at any price.
Work through your own year against the two lists above — the income test first, then the seven transaction triggers. If even one line matches, the return is not optional for you this year. Our income tax return filing team checks exactly this question first, before forms or regimes, because filing the wrong answer to it is the one mistake no later correction fully repairs.
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