Opting for New tax regime after due date

Yes, new tax regime can be opted, while filing belated return also' provided eligible otherwise.

While filling the ITR return our software is warning us  "New tax Regime u/s 115BAC can not be opted after the due date of filing the return mentioned u/s 139(1)" 

And in FY 20-21 we have opted Old Regime.

Try latest utility from e-filing site, ver. 1.1.13, & check.

You may need to file form 10IE, if filing first time under new regime.

Yes i have already filed form 10IE. Still showing the error.

Attaching for your reference

Kindly help me in this warning

Sir. One can not opt for  sec 115 bac in case of belated return

As per clause (ii) of sub-section 5 of section 115BAC of the Income Tax Act, 1961, a HUF not having income from business and profession cannot opt for a new tax regime if the ITR has not been filed within the due date prescribed u/s 139(1). If the HUF has business income, then 115BAC can be exercised if the Form 10IE has already been filed in any previous year within the due date.

In Nutshell,

If HUF has income other than PGBP then benefit u/s 115 BAC cannot be availed.

If HUF has income under head PGBP and form 10 IE already filed for any previous year within the due date, then benefit u/s 115 BAC can be availed.

Hope it answers your query. In case of any further queries, kindly mail me at casoravgupta @ gmail.com

Thanks & Regards
ACA. Sorav Gupta
(Practicing Chartered Accountant)

Non-business income (salaried, rental, IFOS): You can switch regime while filing a belated return up to Dec 31, 2026. The choice is made in the ITR form itself.

Business income: You must file Form 10-IEA on or before the original Section 139(1) due date (July 31 for individuals, Aug 31 for non-audit business owners). If you missed that window, you cannot opt for the old regime this year via a belated return.

Two things to verify:

• Whether your income has a business/profession head
• Whether Form 10-IEA was filed in any earlier year (for continuity)

This guide on switching old vs new regime via Form 10-IEA covers the exact steps and the once-in-a-lifetime restriction on re-entry: [old vs new regime switch guide](https://taxgarden.in/blog/how-to-switch-old-new-tax-regime-form-10-iea-itr-ay-2026-27)