Updated ITR for AY 22-23 and AY 21-22

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If you need to file an updated Income Tax Return (ITR-U) for Assessment Years 2021-22 and 2022-23 after April 1st, 2025, and haven't filed an original return, you must use the old tax regime. The new tax regime is the default only from AY 2024-25 onwards. Filing an updated return under the new regime for these earlier years will still result in it being processed under the old regime, as opting for the new regime is only permitted within the original due date.

Shantanu Bose

Shantanu Bose (Querist)

17 March 2025 Sir,
I've to file ITR-U for AY 22-23 and AY 21-22 after 1st April 25 according to budget 25 provisions and I've not filed ITR u/s 139(1) for both assesment years.
My question is,
Can I file both ITRs in old tax regime or I've to file both in new tax regime compulsorily?
Thanks

Kowsalya

Kowsalya (Expert)

17 March 2025 Hello,
Filing of income tax returns under the new tax regime is the default from AY 2024-25 onwards. For prior assessment years, if no income tax return was filed, the updated return must be filed under the old tax regime.

Now if an updated return is filed under the new tax regime for these earlier years, it will still be processed under the old tax regime — because the new regime can only be opted for within the original due date specified under Section 139(1) of the Income Tax Act.

Shantanu Bose

Shantanu Bose (Querist)

17 March 2025 Thank you very much madam for your help and clarification

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