Answer

ITR

Switching to the old regime through a revised return

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  1. 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.

  2. 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.
  3. 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.

  4. Conclusion

    1. Confirm your original return was filed by the due date.
    2. Compute tax under the old regime.
    3. File a revised return choosing the old regime.
    4. File before 31 December 2026 to avoid the fee.
    5. E-verify.

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