ITR
Re-entered the new regime and want the old regime again
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Facts
No, not while you have business or professional income. After one withdrawal, the old regime option is closed for good. It opens again only if you stop having business income.
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 115BAC (now Sec 202)New regime is the default; the opt-out for business income must be made by the Sec 263(1) due date and can be withdrawn only once
Analysis
FAQ 14 on Form 10-IEA says that once you exit the old regime after entering it, you cannot opt for it again unless you cease to have business or professional income. Sec 202 of the 2025 Act carries the same rule. If you later move to salary only, you can then choose the regime each year in the return. Plan any big deduction based decisions around this.
Conclusion
- Check your history of Form 10-IEA filings.
- If you have re-entered once, stay in the new regime.
- If business income stops, choose in the ITR each year.
- Keep records of all forms filed.
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