Can we switch regime while filing ITR-U?

I have salary income only and capital gain from stocks.

Is it possible to switch regime while filing ITR-u (139-8A) for last FY (22-23)?

Replies (4)
Quick Summary
You generally cannot switch your tax regime by filing an ITR-U (updated return). The choice of tax regime (old vs. new) is considered a deliberate election made during the original filing, not an error that the ITR-U is designed to correct. For salaried individuals, this choice is typically locked in when you declare your income to your employer. If you wish to change your tax regime for the upcoming financial year, consider filing a revised return before the deadline, as this is a valid method for switching.

No, not eligible.                      

No... It's not possible
It has to be done previously

Switching tax regime while filing ITR-U is one of the most common questions during ITR season.

Short answer: NO, you generally cannot switch tax regime via ITR-U.

Here is why:

ITR-U (Updated Return under Section 139(8A)) allows you to CORRECT errors or ADD income that was omitted in original/revised return. The tax regime election (new vs old) was made at the time of original filing and is a deliberate position, not an error.

Key points:

  1. Tax regime is not an "error" that ITR-U corrects. It is a deliberate election.
  2. CBDT treats regime switching as a material change, not a correction.
  3. For salaried individuals: regime was locked at the time of TDS declaration to employer (Form 12BAA/declaration).
  4. For business income (Section 44AD/44ADA): regime choice is sticky until formally opted out.

The one exception: if you NEVER filed any return (original or belated) and are filing ITR-U as your FIRST return for that AY, regime selection is available.

Practical suggestion: If you want to switch regime for AY 2026-27, check if you still have time to file a revised return (December 31, 2026 is the deadline for AY 2026-27). Revised return allows regime change; ITR-U does not.

For a full breakdown of what ITR-U can and cannot correct (income categories, penalties, and the 48-month window), see: https://taxgarden.in/blog/itr-u-updated-return-48-month-window-guide

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