New tax regime in audit report and old tax regime in ITR

AY 2021-22
Individual Assessee
Main source of Income from PGBP

Hello professionals,

Auditor has opted new tax regime (u/s 115bac) in Tax Audit Report (Form 3CD) and assessee hasn't filed form 10IE till date. Assessee wants to file Income Tax Return by opting old tax regime. Can the assessee file ITR in old tax regime and whether the department will issue the notice or not?
Replies (3)
Quick Summary
This discussion addresses a common dilemma for individuals with PGBP income: the auditor has used the new tax regime (Sec 115BAC) in the Tax Audit Report (Form 3CD), but the assessee wishes to file their Income Tax Return (ITR) under the old tax regime without filing Form 10IE. The core question is whether this is permissible and what the potential consequences might be, including the possibility of a notice from the tax department. It also touches upon the implications of having conflicting tax regimes declared.

Then revise the tax audit report
Why two different things?
Guess what will happen if you ride two donkeys at the same time?

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