New Tax regime (AY 21-22)
This query is : Resolved
26 August 2022
I filed my ITR (belated or after due date) for AY 21-22 in march. Filed my return as per new tax regime and also filed form 10 IE. Today I got intimation order in which tax was calculated in old tax regime. And also no deduction U/s 80C were considered. There was no clarification from department about belated return for new tax regime. Please guide. Thank you
26 August 2022
The rule is the form 10IE needed to be filed before 31st July, 2021.
As you filed it late, you are not given the option.
As you filed it late, you are not given the option.
26 August 2022
and sir waht about my deductions of 80C and 80D
26 August 2022
In ITR, you had filed under new regime, so these would not have been claimed; hence not entertained.
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26 August 2022
isnt it unjust, if they are calculating by old regime, they must consider the deduction.
What should I do Sir
What should I do Sir
26 August 2022
isnt it unjust, if they are calculating by old regime, they must consider the deduction. What should I do Sir
26 August 2022
Its not injustice, when you had not claimed it in ITR, how could the system know about your investment in relation to sec. 80C or expenditure as per sec. 80D? While the rule to opt for new regime was very clear that the form 10IE needed to be filed before filing return u/s. 139(1) of the act.
Now file rectification request u/s. 154 of the act, and claim the deductions. Though I doubt whether the same would be allowed, but no harm in claiming.
Now file rectification request u/s. 154 of the act, and claim the deductions. Though I doubt whether the same would be allowed, but no harm in claiming.
27 August 2022
if I'll reduce the income by claiming deductions, they wont accept rectification. As we cannot add/reduce the income in rectification.
28 August 2022
No. You are not reducing the income, but rectifying the error of not claiming deduction in original return, so it should be considered.
28 August 2022
I tried sir, but they are not accepting the rectification with deductions.
29 August 2022
Its bad luck, meet your jurisdiction ITO, and convey the problem.
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