Income tax on Salary under New income tax Section 115BAC and Old Scheme of taxation



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The article compares the new income tax scheme under Section 115BAC with the traditional old scheme. The new scheme features more tax slabs but significantly limits available deductions and exemptions, such as HRA, home loan interest, and standard deduction. While the new scheme offers a rebate for incomes under Rs 5 lakh, opting for it means forfeiting the ability to carry forward losses. The choice between schemes can be made at the time of filing the Income Tax Return, with implications for future choices.

The Income tax benefits under the New income tax scheme has 6 slabs as against 3 slabs under the old scheme. Section 115 BAC takes away 70 exemptions and deductions allowed, whereas the deduction/exemption allowed under this section are limited to:

Deduction u/s 80CCD(2) (employer's contribution to your pension account) Deduction u/s 80JJAA (additional employee cost) Transport Allowance for Differently Abled Employees (Divyang)
Conveyance Allowance for Performance of Office Duties Any Allowance for the Cost of Travel/ Tour/ Transfer Daily Allowance given to Employees under Certain Conditions
New vs Old Income Tax Scheme: Section 115BAC Explained

Therefore, assume you have opted for the new scheme, then you will not be able to claim these exemptions/deductions namely

Major Deductions under Chapter VIA (u/s 80C, 80CCC, 80CCD, 80DD, 80DDB, 80E, 80EE, 80EEA, 80G, 80IA, etc) House Rent Allowance (HRA) u/s 10(13A) Home Loan Interest u/s 24(b)
Standard Deduction  Leave Travel Allowance u/s 10(5) Deduction for Donation or Expenditure on Scientific Research
Allowances u/s 10(14) Deduction for Entertainment Allowance and Employment/Professional Tax u/s 16 Depreciation u/s 32(iia)
Deductions u/s 32AD, 33AB, 33ABA, 35AD, 35CCC Exemption for SEZ unit u/s 10AA Deduction from Family Pension u/s 57(iia)
 

Therefore, if opting for new scheme then you will not be able to claim

1) Deduction for Interest on housing loan as well as Deduction of Principal home loan amount under section 80C, and 

2) Standard Deduction on salary of Rs. 50,000/- will not be allowed to persons opting for new scheme. 

3) Rebate under section 87A which is if your taxable income is less than Rs. 5,00000/- then no tax is payable ; will still be available under the new scheme.

4) No Carry forward losses and unabsorbed depreciation will be allowed to be set off or carry forward after one opts for going into the new scheme.

 

The new slabs of this scheme are 

Annual Income  New Income Tax Slab Rate
Nil to Rs. 2.5 lakh Exempt
Above Rs. 2.5 lakh to Rs. 5 lakh 5%
Above Rs. 5 lakh to Rs. 7.5 lakh  10% 
Above Rs. 7.5 lakh to Rs. 10 lakh 15% 
Above Rs. 10 lakh to Rs. 12.5 lakh 20% 
Above Rs. 12.5 lakh to Rs. 15 lakh 25% 
Above Rs. 15 lakh 30%

Whereas under old scheme, slab was as follows 

Income Tax Slab Individuals Below The Age Of 60 Years – Income Tax Slabs
Up to Rs 2.5 lakhs NIL
Rs. 2.5 lakh -Rs. 5Lakhs 5%
Rs 5 .00 lakh – Rs 10 lakhs 20%
> Rs 10.00 lakh 30%

Surcharge and Cess rates are common under both schemes.

Now, here a question arises as to whether if one opts for the new scheme at the start of the year and at the time of filing the ITR (Income tax return) he opts out of the new scheme. Is this allowed? Yes, this is allowed as the consent time is at the time of filing of ITR. Now, next year when he (Salaried employee) has decided to opt for the new scheme and then next time he decides to go into the old scheme this can be done but thereafter he will lose this option of going into the new scheme.

Also, whenever after opting for new scheme, the concerned assessee violates any of the conditions mentioned in Section 115 BAC, i.e. He has any income under 'PGBP' Profits and gains from business or profession, then also he loses this option of entering into the new scheme for that Financial year.

FAQ :

The new scheme under Section 115BAC has more tax slabs (6) compared to the old scheme (3). However, the new scheme significantly reduces the number of deductions and exemptions you can claim, removing major ones like HRA, home loan interest, and standard deduction.

Under the new scheme, you can still claim deductions for the employer's contribution to your pension account (u/s 80CCD(2)), additional employee cost (u/s 80JJAA), transport allowance for differently-abled employees, conveyance allowance for office duties, and certain travel or daily allowances.

If you opt for the new scheme, you generally cannot claim major deductions under Chapter VI-A (like 80C, 80D, 80E), House Rent Allowance (HRA), Home Loan Interest (u/s 24(b)), Standard Deduction, or Leave Travel Allowance (LTA).

Yes, you can choose which scheme to opt for at the time of filing your Income Tax Return. However, if you opt for the new scheme and later switch back to the old scheme, you may lose the option to use the new scheme again in the future.

If you opt for the new income tax scheme, you will not be allowed to carry forward losses or set off unabsorbed depreciation.


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About the Author

CA

Hi I am CA Madhur Gandhi, posessing experience of 9 years in the Industry, currently doing job in Insolvency firm, RBSA. I have experience in diverse fields of Taxation, Direct and Indirect, and applying IND-AS in accounts, MIS, Financial Statement finalisation, MS Excel, etc. I also give educational material on ... Read more


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