ITR
Form 10-IE and Form 10-IEA: which one applies
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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.
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
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.
Conclusion
- Check what Form 10-IE you filed and for which year.
- Note that the default is now the new regime.
- File Form 10-IEA if you want the old regime with business income.
- Keep both acknowledgements.
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