“Error in Updated Return u/s 139(8A) – Conflict between 10IEA and 115BAC option”

Subject: Issue in opting Old vs New Tax Regime due to delay in filing ITR (AY 2025-26)

I am facing a practical issue regarding selection of tax regime for AY 2025-26.

Facts of the case:

1. In AY 2024-25, the assessee had business income and was subject to tax audit.
2. The assessee opted for Old Tax Regime by filing Form 10IEA within the due date (filed on 07/10/2024).
3. For AY 2025-26, the assessee is NOT liable for tax audit (non-audit case).
4. However, the ITR for AY 2025-26 could not be filed within the due date and now needs to be filed after the due date (belated/updated return).

Issue:

- As per provisions of Section 115BAC, once the assessee opts out of new regime (via Form 10IEA), the option continues for subsequent years unless withdrawn.
- However, since the due date for AY 2025-26 is missed, the system is not allowing filing under Old Tax Regime.
- At the same time, portal is detecting previous Form 10IEA and creating validation conflict.

Query:

1. In this situation, is the assessee mandatorily required to shift to New Tax Regime for AY 2025-26 due to delay in filing?
2. Whether the earlier option exercised via Form 10IEA (AY 2024-25) becomes ineffective due to delay in current year filing?
3. Is there any legal or practical way to continue with Old Tax Regime in AY 2025-26 in such case?

Any guidance with relevant section/rule reference or practical experience would be highly appreciated.

Thank you.

Replies (2)
Quick Summary
A taxpayer who opted for the Old Tax Regime through Form 10IEA in AY 2024-25 missed the filing due date for AY 2025-26 and faced a portal conflict. The discussion noted that a delayed return may force adoption of the New Tax Regime, with condonation of delay being a possible remedy.

Because the assessee missed the original filing deadline under Section 139(1) for AY 2025-26, they are mandatorily required to file under the New Tax Regime. For business income cases, Form 10IEA cannot be legally filed or carried forward for a belated return u/s 139(4) or an updated return u/s 139(8A). To resolve the portal conflict and continue with the Old Tax Regime, the assessee's only legal remedy is to file a Condonation of Delay application under Section 119(2)(b) with the Income Tax Department. Otherwise, they must file using the default New Tax Regime.

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