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Question regarding Old Tax Regime & New Tax Regime

Jignesh Desai (Proprietor) (244 Points)

29 November 2020

In case an Individual having Business Income in his return every year opts for the old tax regime for A.Y. 2021-2022 , can he opt for the new tax regime in any subsequent year , for e.g. A.Y. 2024-2025 ?

In case this is possible & he opts for the new tax regime in A.Y. 2024-2025 , in any later year , can he go back to the old tax regime ? Or will he have to stick to the new tax regime for ever after A.Y. 2024-2025 ?

Can you substantiate your reply with reference to any rule , circular , notification , etc ?

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Mili Haria (Business) (88 Points)
Replied 30 November 2020

As per section 115BAC(5)(i), where any person has business income and wishes to opt for new scheme he can do so but with a condition that he shall not move to the old scheme again in the subsequent years. But there is an exception to the above condition where he can move to the old scheme in the subsequent years when he has no business income for that year. for such year when no business income exists he could opt for the old scheme again.

As per section 115BAC(5)(ii), where any person doesn't have any business income can choose individually for each year to opt-in or opt-out of section 115BAC.

In your case, as you are having business income and opting for old scheme in AY 21-22, you can opt-in for new scheme form AY 24-25. For any year subsequent to AY 24-25, If you wish to opt-out of the new scheme you can do so only if you don't have any business income taxable for such year.