Opting the Old Regime

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A client mistakenly filed their ITR-1 under the old tax regime, declaring professional income under 'other sources'. They've received a defective return notice and need to file a revised return using ITR-3, reclassifying the income as business income. The challenge lies in the expired deadline for Form 10IEA and navigating the revised filing process under the old regime.

A Khaitan

A Khaitan (Querist)

01 August 2024 One my clients has filed ITR-1 by himself on 24.07.24. He is having Income from Salaries & some professional Income u/s 194J which he had considered under other sources and filed the return under Old Regime under ITR-1. As he was not disclosing any business income the option to opt old regime was selected in ITR itself. Now he has got a notice from department for defective return and wants to file revised return under old regime by showing the income earned u/s 194J under business income by filing ITR-3.

How to proceed in this case as the due date to submit 10IEA was till 31.07.24.

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)

01 August 2024 As you will be filing return u/s. 139(9) IT act, system will accept it based on original return filed. File under old regime only.

A Khaitan

A Khaitan (Querist)

01 August 2024 Sir,as while generating the defective return json, the utility is asking for Form 10IEA Acknowledgement No as soon as the form no is changed from ITR-1 to ITR-4.

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)

01 August 2024 In that case you may fill the ITRs acknowledgement no and date, and see if it is accepted.

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