Answer

ITR

Salaried person without business income and Form 10-IEA

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  1. Facts

    No. If you have no business or professional income, you choose the old or new regime in the ITR itself. Form 10-IEA is only for those with business or professional income. The choice must be made in a return filed by the due date.

  2. 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
  3. Analysis

    The Form 10-IEA FAQ confirms that ITR-1 and ITR-2 filers without business income do not need the form. You can switch between regimes every year. But the old regime can be chosen only in a return filed by the due date; a belated return gets the new regime. For AY 2026-27, that due date for ITR-1 and ITR-2 was 31 July 2026.

  4. Conclusion

    1. Confirm you have no business or professional income.
    2. Compare tax under both regimes.
    3. Select the regime in the ITR.
    4. File by the due date to keep the old regime option.

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