Belated return ITR2 using new regime

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Neeraj Khandelwal

23 Points Posted on 31 January 2022

Is there any clarification from the authorities for allowing belated ITR filers to use the new regime for AY 21-22?

If tax due was calculated and paid using the new regime well before the deadline, but returns were not filed in time what is the recourse? Does one need to file belated returns, pay the penalty and also pay the differential amount of tax using the old regime? Any option of relief?

The income tax portal is not accepting new regime for belated returns at this time.

Replies (4)

Quick Summary

This discussion explores the challenges faced by taxpayers who missed the deadline for filing their ITR-2 and wish to opt for the new tax regime. It highlights that the income tax portal currently does not allow the selection of the new regime for belated returns for AY 21-22, even if tax was paid on time under this regime. The thread questions whether there's any official clarification or recourse available, as filing belatedly might necessitate using the old regime and paying penalties, with no clear option for relief.

Eswar Reddy S

CFO- at NHTF

15022 Points Posted on 31 January 2022

IT dept should accept it.New Regime is just an option given to tax payer..So there should not be any practical issues like this.

Kindly check the year once while filing ITR. Is it for AY-2021-22 only ?

Neeraj Khandelwal

23 Points Posted on 31 January 2022

I also thought so, but as per the following page :

https://www.incometax.gov.in/iec/foportal/help/e-filing-itr2-form-faq

Above link says "Please note that option for selecting new tax regime u/s 115BAC will be available only till the due date of filing of return u/s 139(1)."

Same is discussed here in the past: - https://m.economictimes.com/wealth/tax/belated-itr-filers-cant-use-new-tax-regime-unless-govt-clarifies-experts/articleshow/74328394.cms

sabyasachi mukherjee

Profession

19978 Points Posted on 31 January 2022

Read sec 115BAC IMMEDIATELY .

Tax Garden

Tax Consultant

2024 Points Posted on 04 September 2026

For belated ITR-2 (salaried + capital gains + house property, NO business income):

You CAN choose either old or new tax regime in a belated return. The new regime is the DEFAULT from FY 2023-24 onwards, but you can opt for the old regime even in a belated return by explicitly selecting it in the ITR-2 utility.

The key distinction:
- ITR-1 and ITR-2 (non-business income): Regime can be changed even in a belated return. No restrictions.
- ITR-4 (business/professional income under presumptive scheme): A once-opted new regime cannot be easily switched back mid-year. However, for belated filing purposes, even ITR-4 filers can choose the applicable regime.
- ITR-3 (regular business income): Regime change requires a Form 10-IEA filing by the original due date (July 31 for non-audit, August 31 for ITR-4 non-audit). If you missed that, you may be stuck with the default new regime for that year - confirm with your CA.

For ITR-2 specifically: late filing after July 31 (your original deadline as a salaried person) does not restrict your regime choice. Go ahead and choose whichever regime gives you lower tax.

Run a quick comparison: if your Section 80C/80D/80G deductions plus HRA exemption total more than Rs 2.5 lakh, old regime likely wins. Below Rs 2.5 lakh in deductions, new regime usually wins.

This [tax deductions checklist AY 2026-27](https://taxgarden.in/blog/tax-deductions-checklist-ay-2026-27-section-80c-80d-80e-80g-one-page-summary) helps compute your old-regime deductions quickly.