ITR-3 Mismatch: New Tax Regime Opted but Old Regime Applied by CPC - Legal Position and Solutions



Quick Summary
If you filed your ITR-3 under the new tax regime but it was processed under the old one by the CPC, it's likely due to not filing Form 10-IE/10-IEA on time or before the due date. This article explains the reasons behind this common issue for business taxpayers and outlines the available remedies. Depending on whether your return and form were filed on time, you might be able to file a rectification request or a grievance, or in some cases, the old regime may be unavoidable.

ITR Filed Under the New Tax Regime but Processed Under the Old Regime (ITR-3): Why It Happens and What to Do Next

From FY 2023-24 onwards, the New Tax Regime (Section 115BAC) has become the default regime for individuals and HUFs. Prior to this amendment, the business taxpayers filing ITR-3 still needed to formally exercise and communicate the option to choose the new regime.

In the recent assessment cycle, several assessees have reported an unexpected issue:

Even though the return was filed under the New Tax Regime (Section 115BAC), CPC processed the ITR under the Old Tax Regime, resulting in higher tax liability and unexpected demands.

ITR-3 New Tax Regime Mismatch: Fix CPC Old Regime Error

This article explains why this happens, the background, and the corrective steps available.

Why Does This Happen?

As per Section 115BAC, a taxpayer having business income must file Form 10-IE/10-IEA on or before the due date specified under Section 139(1) to validly opt for the New Tax Regime.

If the form is:

  • Not filed, or
  • Filed after the due date, or
  • The ITR is filed belatedly,

Then the option for the New Regime becomes invalid for that year.In such cases, even if the return is submitted selecting the New Regime, the CPC will mandatorily process it under the Old Regime, resulting in a higher tax demand.

Common Scenarios Where This Issue Arises

  • ITR-3 filed after the due date (Belated return u/s 139(4)) under the New Regime
  • Form 10-IE/10-IEA filed late
  • Filing errors or acknowledgement mismatch
  • Mismatch between ITR data and Form 10-IEA (e.g., Assessment Year, business code, etc.)

Remedies based on scenarios

Scenario 1: Return filed before the due date AND Form 10-IEA filed on time or mismatch with the ITR data and form data.

In such a case, file Rectification Request u/s 154 (Incorrect Tax Regime Applied) with the proof of timely filing ITR and form 10 IEA acknowledgement. Generally, demand will be nullified in such cases.

a. File Revised Return u/s 139(5) provided while the original is filed well within the time and the revised return is filed within the permitted time.

b. Submit grievance using the category return processed incorrectly, attaching all such supporting documents of ITR and form acknowledgement along with the intimation order.

 

Scenario 2: Return filed after the due date (belated return u/s 139(4)) or Form 10-IEA filed after due date

Section 115BAC clearly states that the assessee with the business income can opt for this regime only on or before due date. In such a case

Revised return cannot change the tax regime and rectification will not be entertained and even submission of grievance may not also provide the resolution in the favour of the assessee.

The only remedy in the above case is to go for old tax regime and pay the tax accordingly.

Conclusion

Understanding this distinction is crucial for business taxpayers, as the tax regime option becomes locked once the due date passes.

Therefore, it is crucial to identify whether the compliance gap lies in:

  1. Filing the return on time,
  2. Filing Form 10-IE/10-IEA on time, or
  3. A data mismatch or technical error.
 

If the assessee has fully complied with all requirements, then rectification or grievance escalation can generally resolve the issue.

However, if the due date was missed or the form was filed late, the law mandates application of the Old Regime for that year.

FAQ :

This typically happens if you didn't file Form 10-IE/10-IEA on or before the due date specified under Section 139(1), or if your ITR was filed belatedly. In such cases, the option for the new regime becomes invalid, and the CPC will process your return under the old regime.

Form 10-IE/10-IEA is a mandatory form that taxpayers with business income must file to formally opt for the New Tax Regime (Section 115BAC). It needs to be filed on or before the due date for filing your income tax return.

You should file a Rectification Request under Section 154 with the CPC, clearly stating that the incorrect tax regime was applied. Attach proof of timely filing of both your ITR and Form 10-IEA, along with the intimation order.

If your original return was filed within the time limit and you file a revised return within the permitted time, you may be able to correct the tax regime. However, if the original return was belated or Form 10-IEA was filed late, a revised return cannot change the tax regime.

If you filed your ITR after the due date (belated return) or filed Form 10-IEA after the due date, the law mandates that your return will be processed under the old tax regime for that year. Rectification or grievance submissions are unlikely to resolve this issue.




About the Author

CA

CA Ch. KowsalyaFull-Time Partner | KLN Co, Chartered Accountants An experienced Chartered Accountant serving as a Full-Time Partner at KLN Co., Chartered Accountants, Visakhapatnam. Our firm specializes in delivering high-quality professional services in Audit, Direct Indirect Taxation, Corporate Law and Regulatory ... Read more

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