CA opted for Form 10IEA mistakenly - Demand raised

Hello, our CA mistakenly selected Form 10IEA (to opt out of New Regime) while filing my Returns. First intimation from Income Tax portal received on 12 August 2026 for 'Seeking Information / Clarification' where they advised me that the Returns will be processed as per Old Regime. Please note, I am salaried but had 3 months of nominal business income from April to June and hence the CA filed under ITR4.

On 25th August, our CA raised a Grievance asking for Remedy since this was done by mistake. On 27th August, the we received a response from the Portal saying withdrawal of 10IEA is not possible as no changes can be done from the e-portal end.

Our CA then filed the returns under ITR4 again on 10 September. Now on 22 September I have received a Demand of 1,56,000.

What can I do? I am helpless, even the CA is now saying he will visit ITO and if that doesnt work, we will file an Appeal.

Any help will be appreciated. Thank you.

Replies (3)
Quick Summary
A user mistakenly selected Form 10IEA, opting out of the new tax regime, which has resulted in a significant tax demand. Despite attempts to rectify the error through the income tax portal and grievance filings, the system has indicated that changes are not possible. The user is now seeking advice on how to proceed, including potential options like filing a rectification request, seeking condonation of delay, or filing an appeal.

To resolve this issue, first verify the 143(1) notice to confirm if the demand was triggered by disallowed Old Regime deductions due to a mismatched or late Form 10IEA. If Form 10IEA was filed on time, submit an online Rectification Request u/s 154 for reprocessing; if delayed, apply for a condonation of delay u/s 119(2)(b) or file a representation before the Jurisdictional Assessing Officer alongside filing an appeal in Form 35 within 30 days if necessary.

Can I file my Returns again by not disclosing the Business Income (it is <50000 INR).. basically file under ITR 1 or 2. Any chance the Portal will consider these returns and the Demand gets dropped?

Sorry you are stuck with this. A few points that should help you plan with your CA.

Why the portal refused: for someone with business income, Form 10-IEA is the option to opt out of the new regime under Section 115BAC(6). Once it is filed and verified it cannot be revised or cancelled for that same assessment year. Withdrawal is allowed only once, and only for a later year, not the year the option was made. So the reply you got on 27 August matches the law, and filing the ITR again would not change the regime.

Before anything else, check whether the Rs 1,56,000 is fully correct:
- The demand is the old regime computation on your 10 Sept return. See that every old regime deduction you qualify for was claimed (80C, 80D, HRA, home loan interest, standard deduction). If the return was built with the new regime in mind, some may be missing.
- Match TDS and any advance or self assessment tax paid with Form 26AS and AIS, and see that all of it is credited in the intimation. A credit or arithmetic error can be fixed with a rectification request under Section 154, which is faster than an appeal.

If the demand holds after that check:
- Your CA can file an appeal to the CIT(A) in Form 35. The time limit is 30 days from service of the intimation, so with a 22 Sept intimation the last date is around 22 October. Confirm the exact date from the notice and do not wait for the ITO meeting to decide.
- Along with it, ask the AO for a stay of demand under Section 220(6). In practice this usually means depositing 20% of the disputed demand while the appeal is pending.

Whether an appeal succeeds on a wrongly selected form is a legal call for your CA, so I would not plan around getting the full demand cancelled. The [Form 10-IEA rules](https://taxgarden.in/blog/form-10ie-10iea-new-tax-regime-option-business-income-ay-2026-27) guide explains the one opt-out and one withdrawal rule, which is worth reading before next year's return.

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