Disallowing Belated ITR Filing under Old Regime

Dear Members,

I want to raise a concern regarding the restriction placed on filing belated ITR under the Old Tax Regime.

Though I could not file my return before the extended deadline due to an emergency and unavoidable personal situation, it feels unfair that individuals are not permitted to file belated returns under the Old Regime.

I wish to clarify that I am not claiming any refund, and I have genuine investments made which are eligible under the Old Regime. However, because of this restriction, I am being forced into the New Regime (default option for belated ITR-1) and this results in over ₹1 lakh additional tax liability.

Blocking Old Regime for belated returns penalises genuine taxpayers like me, even though my delay was not intentional.

I request guidance from experts here:

  • Is there any solution, representation, or rectification request possible in such cases?

  • Can CBDT consider a relaxation for genuine taxpayers who are ready to forego refunds but only want to claim their rightful deductions under Old Regime?

Your suggestions will be highly appreciated.

Replies (3)
Quick Summary
A user is seeking advice on being unable to file a belated Income Tax Return (ITR) under the old tax regime due to an unavoidable personal emergency. This restriction forces them into the new regime, resulting in a significant increase in their tax liability, despite not claiming any refund and having eligible investments. They are asking for expert guidance on possible solutions, representations, or whether the CBDT might consider a relaxation for genuine taxpayers.

  1. It is as per rules, as New regime is default regime now. No remedies possible now.
  2. No. Not possible.

Thank you for your reply. Government is targeting the people only as usual.

GOD BLESS ALL...        

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