Belated return ITR2 using new regime

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

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.