Answer

ITR

Old tax regime for a presumptive business

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  1. Facts

    The new regime is the default. Individuals with business or professional income opt out by filing Form 10-IEA on or before the due date of the return. A belated return cannot use the old regime.

  2. Provisions and law

    • Sec 115BAC (now Sec 202)New tax regime as default; opting out conditions
    • Sec 139(1) (now Sec 263(1))Due date of return; 31 August for non-audit business or profession from AY 2026-27 (Finance Act 2026)
  3. Analysis

    If you missed the due date, the old regime is lost for AY 2026-27. Business filers can switch back to the new regime only once after opting out, so the choice is not free every year. With ₹2,00,000 of home loan interest and ₹1,50,000 of 80C, the old regime may save tax; compute both. Quote the Form 10-IEA acknowledgement in the return.

  4. Conclusion

    1. Compute tax under both regimes
    2. If old is better, file Form 10-IEA before the due date
    3. Quote its acknowledgement number and date in ITR-4
    4. Remember that re-entry into the new regime is allowed only once

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Presumptive income tax return, ITR-4 (Sugam), Sec 58 (old 44AD, 44ADA, 44AE)

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