ITR
Missed the Form 10-IEA due date
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Facts
No. If a business or professional filer misses the due date, the old regime cannot be claimed for that year. A late form is treated as invalid. You are taxed under the new regime for that year and can opt out afresh in a later year.
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
- Sec 139(4) (now Sec 263(4))A late (belated) return can be filed up to 31 December of the assessment year or before assessment, whichever is earlier
Analysis
The FAQ says that if you miss the deadline you cannot claim the old regime in your ITR, and a late form gets an 'Invalid Form' status. A belated return under Sec 139(4) does not fix this. So compute tax under the new regime and file by 31 December 2026 to limit fees. For tax year 2026-27, plan to exercise the option by that year's due date.
Conclusion
- Accept the new regime for AY 2026-27.
- Compute tax and file the belated return by 31 December 2026.
- Note next year's due date in your calendar.
- Compare regimes again before then.
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