ITR
Salaried person without business income and Form 10-IEA
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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.
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
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.
Conclusion
- Confirm you have no business or professional income.
- Compare tax under both regimes.
- Select the regime in the ITR.
- File by the due date to keep the old regime option.
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