Form 16 was prepared as per Old tax regime but can I file with new tax regime.. or vise versa.
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Quick Summary
This discussion clarifies whether you can file your Income Tax Return (ITR) under the new tax regime if your Form 16 was prepared under the old one, and vice versa. Generally, you can switch to the new regime (Section 115BAC) at the ITR filing stage, even if your employer deducted TDS under the old regime. However, this is contingent on filing the correct declaration form (Form 10-IE) if required, and your employer's TDS filing. If your employer has already filed Form 16 under the old regime, switching might be restricted unless specific conditions are met.
If an individual who has opted for old tax regime with his/her employer for TDS on salary, plans to opt new tax regime at the time of filing ITR, then he/she can do that by filling the new form I.e. form 10 - IE but if employer failed to file new form then assessee can not take the benefit of new tax regime.