I filled my income tax with incorrect form ITR-1. I was NRI for that year and now Income tax Dept has sent a notice to declare foreign income before 31st Dec. Can I change to ITR -2 when submitting revised returns.
Hello @Sailesh_Aluri,
Welcome to the community!
Yes, you can can change the ITR form while filing the revised return. Make sure you submit it before the 31st Dec 2025 deadline.
Thank you Diti
Thatās a relief
Yes you can change the ITR form while filing a revised return, provided the new form is applicable to you.
Yes, you can change your ITR form while revising the return, if you originally selected an incorrect form, before deadlines.
Can You Change from ITR-1 to ITR-2 in a Revised Return?
Yes, you can change from ITR-1 to ITR-2 while filing a revised return.
The Income Tax Act allows correction of both mistakes and wrong ITR forms through a revised return.
Why Is ITR-1 Incorrect for an NRI?
ITR-1 (Sahaj) cannot be used if you were an NRI or if you had:
Ā· Foreign income
Ā· Foreign bank accounts
Ā· Assets outside India
Since you were an NRI for that year, filing ITR-1 was technically incorrect.
What Does the Income Tax Notice Mean?
The notice asking you to declare foreign income before 31st December is an opportunity to correct the return, not a penalty by default.
The department expects you to:
Ā· File a revised return
Ā· Use the correct ITR form
Ā· Disclose foreign income and assets properly
How to Revise ITR-1 to ITR-2?
Follow these steps:
1. Log in to the Income Tax e-Filing portal
2. Choose File Revised Return
3. Select ITR-2 as the correct form
4. Mention the acknowledgement number of the original ITR-1
5. Declare:
o NRI residential status
o Foreign income if taxable in [India
o Foreign bank accounts and assets Schedule FA
6. Submit and e-verify the revised return
Is There Any Penalty for Using the Wrong ITR?
Usually:
Ā·
No penalty if corrected voluntarily
Ā·
No penalty if tax impact is properly addressed
Ā·
Penalty risk arises only if foreign income is concealed or ignored
Since you are revising before the deadline mentioned in the notice, this works in your favour.
Important Things to Keep in Mind
Ā· Use DTAA benefits if tax was already paid abroad
Ā· Declare even non-taxable foreign income in Schedule FA
Ā· Ensure consistency with FEMA residential status
Final Takeaway
Ā·
Changing ITR-1 to ITR-2 is fully allowed
Ā·
Revised return is the correct solution
Ā·
File before 31st December to stay compliant
Ā·
Do not ignore the notice
Timely correction usually closes the matter smoothly.