Tax Consultant
1662 Points
Posted on 17 July 2026
F&O income is treated as business income under Section 28, not capital gains , so the applicable form is ITR-3, not ITR-2. And the deadline for ITR-3 non-audit filers changed this year.
Finance Act 2026 introduced a separate due date for individuals and HUFs with business or professional income who are NOT subject to tax audit , August 31, 2026. This replaces the earlier position where such filers also had a July 31 deadline.
So for your situation (salary + F&O with no audit requirement):
- Form: ITR-3
- Deadline: August 31, 2026
- Audit requirement check: F&O turnover (sum of absolute profit + loss on each trade settlement, per ICAI guidance) must be below 10 crore. If it exceeds 10 crore, you need a tax audit and the deadline shifts to October 31, 2026.
Two things to also sort before Aug 31:
1. If TDS was deducted from salary under the old tax regime and you want to file under new regime, do the calculation before filing. The new regime is now the default and switching back requires active selection.
2. Carry-forward of F&O losses (speculative if intraday, non-speculative if overnight F&O) depends on timely filing by Aug 31. Missing this deadline means those losses cannot be carried forward.
For a breakdown of F&O taxation, audit thresholds, and ITR-3 filing, this [F&O and intraday trading tax guide](https://taxgarden.in/blog/fno-intraday-trading-tax-itr-audit-india) has the full details.