Answer

ITR

Old or new regime for an NRI

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  1. Facts

    NRIs can choose between the regimes just like residents. For FY 2025-26, the new regime is default; without business income you can choose the old regime in a return filed by the due date.

  2. Provisions and law

    • Sec 115BAC, Income-tax Act 1961 (now Sec 202, Income-tax Act 2025)New tax regime as default with an option to opt out.
  3. Analysis

    If you have big deductions like home loan interest on a self-occupied house and 80C, compare both. Many NRIs have few deductions, so the new regime often wins. A belated return generally cannot opt for the old regime. Compute both before deciding.

  4. Conclusion

    1. List deductions.
    2. Compute tax under both regimes.
    3. Choose the lower.
    4. Opt for old regime only if filing by due date.

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