Answer

ITR

Salaried person with F&O trading income

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  1. Facts

    You must file ITR-3 instead of ITR-1 or ITR-2. Having business income also changes the regime rule: you choose the old regime with Form 10-IEA by the due date, and can switch back only once in your lifetime.

  2. Provisions and law

    • Sec 115BAC, Income-tax Act 1961 (now Sec 202, Income-tax Act 2025)New tax regime is the default; business filers opt out by Form 10-IEA by the due date
    • Sec 28, Income-tax Act 1961 (now Sec 26, Income-tax Act 2025)Profits and gains of business or profession are taxable
    • Sec 71, Income-tax Act 1961 (now Sec 109, Income-tax Act 2025)Loss under one head can be set off against other heads, but business loss not against salary
  3. Analysis

    Salaried filers without business income can choose a regime every year, but once you have business income the switch is restricted. Example: an employee with ₹15 lakh salary and a small F&O income who wants the old regime must file Form 10-IEA by 31 August 2026. Losing track of this rule can lock you into a regime you did not want.

  4. Conclusion

    1. Use ITR-3 for salary plus F&O
    2. Decide your regime before the due date
    3. File Form 10-IEA by the due date if choosing the old regime
    4. Report salary and F&O separately

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Business or professional income return, ITR-3 (including F&O and intraday)

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