ITR
Switching to the old regime through a revised return
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Facts
If your original return was filed by the due date, many practitioners treat a revised return filed within the time allowed as able to change the regime choice for a salaried person. A belated original return does not give this option.
Provisions and law
- Sec 115BAC, Income-tax Act 1961 (now Sec 202)The new regime is the default; a person without business income can choose the old regime in a return filed by the Sec 139(1) due date.
- Sec 139(5), Income-tax Act 1961 (now Sec 263(5))A revised return can be filed before the end of the relevant assessment year or before assessment is completed.
Analysis
For AY 2026-27, a revised return can be filed till 31 March 2027, with a fee after 31 December 2026. If the old regime saves ₹30,000, revising is worth it. Check how the portal treats the change, and keep the computation to explain if questioned.
Conclusion
- Confirm your original return was filed by the due date.
- Compute tax under the old regime.
- File a revised return choosing the old regime.
- File before 31 December 2026 to avoid the fee.
- E-verify.
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