Answer

ITR

Form 10-IE and Form 10-IEA: which one applies

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  1. Facts

    Form 10-IE was used before the new regime became the default. From AY 2024-25, Form 10-IEA replaced it, and the choice is now to opt out of the new regime. Old Form 10-IE filings were about opting into the new regime.

  2. Provisions and law

    • Sec 115BAC (now Sec 202)New regime is the default; business filers opt out with Form 10-IEA by the Sec 139(1) due date
    • Notification 43/2023, Form 10-IEANotified Form 10-IEA for opting out of, or back into, the new regime from AY 2024-25
  3. Analysis

    Notification 43/2023 brought Form 10-IEA for AY 2024-25 onwards. Since the new regime is now the default, someone with business income who wants the old regime files Form 10-IEA. An earlier Form 10-IE that opted into the new regime does not by itself give you the old regime now. Check your filing history and the regime the return currently shows.

  4. Conclusion

    1. Check what Form 10-IE you filed and for which year.
    2. Note that the default is now the new regime.
    3. File Form 10-IEA if you want the old regime with business income.
    4. Keep both acknowledgements.

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