As per clause ii of sub section 5 of section 115 BAC, to exercise this option form 10IE would be file as per rule 21AG in prescribed manner,
In form 10IE if you do not have income from business/profession you need to select NO and submit the form. As there is no notification/circular regarding form 10 IE is not mandatory for ITR 1 and 2.... So we have to submit the form 10IE at the time of filing the return. if someone has not submit the form then you have to submit and revise the return.....
if you are a salaried individual with no business income, you can choose between the old and new tax regime every year. Therefore, you will have to file Form 10IE every year for opting new tax regime.