New Tax Regime Clarification

An assessee opted for new regime in the A.Y 2021-22 by filing form no10IE within the situplated time. For the A.Y. 2022-23 return of income could not be filed within the due date wheather he is eligible for tax under new regime in the A.Y. 22-23.

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Quick Summary
This discussion clarifies the eligibility for the new tax regime, particularly for AY 2022-23. It explains that while filing the return of income by the due date is generally required, salaried individuals without business income can still opt for the new regime even if they miss the deadline, provided they file Form 10IE beforehand. Salaried professionals have the flexibility to choose their preferred tax regime each financial year.

If the assessee wants to file return of income a new tax regime then it is compulsorily required to file return on or before due date of return prescribed under section 139
It is at the option of assessee to choose new or old tax regime

Even if return not filed on time, assessee is eligible for new scheme.

The assessee is eligible to take the new regime in the FY 2021-22 or AY 2022-23 if he is not having a business income. Salaried professionals are allowed to choose their regime in every FY. 

The taxpayer has to file Form 10E before filing the Income-tax Return in FY 2021-22 intimating the dept. that he has chosen the new tax regime, 

New tax regime calculation .Sec 115bac

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