Answer

ITR

Filed ITR-1 but had capital gains: fixing it

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  1. Facts

    If ITR-1 was the wrong form because of short term gains, you can file a revised return in ITR-2. For AY 2026-27, revision is allowed till 31 December 2026. Pay the extra tax and interest before revising.

  2. Provisions and law

    • Sec 139(5) (now Sec 263(5))A filed return can be revised if you find an omission or wrong statement, within the time allowed
    • Sec 111A (now Sec 196)Short-term gains on listed equity shares and equity funds taxed at 20% (transfers from 23 July 2024)
    • Sec 234B (now Sec 424)Interest at 1% a month where advance tax paid is less than 90% of the tax assessed
  3. Analysis

    A revised return under Sec 139(5) (now Sec 263(5)) replaces the original, and you can change the form to ITR-2. Add the short term gain, compute 20% tax under Sec 111A and interest under Sec 234B and 234C. If you wait, CPC may issue a defective return notice or a mismatch adjustment. Revising quickly costs least.

  4. Conclusion

    1. Compute the gains and the extra tax with interest.
    2. Pay through e-Pay Tax.
    3. File ITR-2 selecting revised return and quote the original acknowledgement.
    4. E-verify within 30 days.

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