ITR
CPC applied new regime though I chose old
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Facts
For salaried and other non-business filers, the regime choice is made in the return itself. If you chose the old regime in a return filed by the due date and CPC computed under the new regime, that is a processing mistake that can be raised by rectification.
Provisions and law
- Sec 115BAC (now Sec 202)New tax regime is the default; individuals without business income can opt out in a return filed by the due date
- Sec 154 (now Sec 287)Rectification of mistake apparent from record in an intimation or order
Analysis
Check two things: the return was filed by 31 July 2026 (or the due date that applied), and the option to opt out of Sec 115BAC is marked Yes. A belated return cannot choose the old regime, so CPC applying the new regime to a return filed in September 2026 is correct. If the return was on time and the option was marked, file Reprocess the Return. The difference can be large; for example ₹2,00,000 of 80C and 80D claims can mean ₹40,000 or more in tax.
Conclusion
- Check the filing date and the regime question in the filed return
- If on time and old regime selected, file Reprocess the Return
- If the return was belated, accept the new regime computation
- Check the new intimation for deductions
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Rectification, Sec 154 (now 287)
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