Answer

ITR

Old regime return processed under the new regime

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  1. Facts

    For a person without business income, the old regime can be chosen only in a return filed by the Sec 139(1) due date. A belated return is processed under the default new regime, where most deductions are not allowed.

  2. Provisions and law

    • Sec 115BAC, Income-tax Act 1961 (now Sec 202)The new regime is the default; a person without business income can opt out in a return filed by the due date.
    • Sec 143(1), Income-tax Act 1961 (now Sec 270(1))After processing your return, CPC sends an intimation showing tax payable or refund due, after only limited adjustments.
  3. Analysis

    If your AY 2026-27 return was filed after 31 July 2026, CPC will apply the new regime and drop claims like 80C, 80D and HRA, which can create a demand. If you did file on time and still got this result, check the opt-out answer in the return; a wrong tick is a return error. Some tribunal decisions have taken a softer view in special facts, so take advice before appealing.

  4. Conclusion

    1. Check your filing date against the due date.
    2. Check the regime question answered in the return.
    3. If filed late, accept the new regime computation or seek advice on an appeal.
    4. If filed on time with the right option, file a rectification.
    5. Next year, file before the due date if old regime saves tax.

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Intimation after processing, Sec 143(1) (now 270(1))

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