ITR Checkbox Cannot Override Form 10-IEA Opt-Out from New Tax Regime – Aniruddha Mohan Joshi v. ITO (ITAT Mumbai)

Form 10-IEA opt out Aniruddha Joshi ruling on a conflicting tax regime choice in the ITR
Case at a glance

Case Name: Aniruddha Mohan Joshi v. ITO (ITAT Mumbai)

Subject
Form 10-IEA opt out Aniruddha Joshi ruling on a conflicting tax regime choice in the ITR
Issue
If an assessee with business income files Form 10‑IEA to opt out of the new tax regime but ticks “No” to opting out in the ITR, which choice prevails?
Appeal no.
ITA No. 5706/Mum/2026, order dated 17 September 2026
Forum
ITAT Mumbai
Assessment year
2025-26
Provisions
Sections 115BAC and 143(1), Income-tax Act 1961; Form 10-IEA
Outcome
Partly in favour of assessee
Background

Facts of the Case

  • The assessee, who had business or professional income, was taxed under the new regime for AY 2024-25.
  • For AY 2025-26, he filed Form 10-IEA on 31 August 2025 to opt out of the new regime and choose the old regime.
  • On 16 September 2025, he filed ITR-3 and answered “No” to the question asking whether he wished to opt out of the new regime.
  • CPC processed the return under Section 143(1) on the basis of Form 10-IEA and raised a demand of Rs 1,41,480. His rectification request was rejected, and he appealed.
The ruling

Summary of Decision: What the Tribunal Held

  1. Where Section 115BAC prescribes a specific form for exercising the option, the assessee cannot opt in or out any other way. A contrary tick in the return does not override a valid Form 10-IEA opt-out.
  2. Akshay Nitin Malu v. ITO (ITAT Pune) was distinguished, because there both the form and the return chose the old regime. Here they were inconsistent.
  3. The challenge that no prior intimation was given under Section 143(1) failed, because the assessee produced no portal records to support it.
  4. On the alternative plea, since the old regime applied, the eligible old-regime deductions had to be considered. The matter was restored to the AO for that limited purpose, and the appeal was partly allowed.
Practice point

Key Takeaway: Form 10-IEA Opt Out Aniruddha Joshi Ruling

  • For business or professional income, Form 10-IEA is what decides the regime. The ITR checkbox cannot change it afterwards.
  • Before filing the ITR, check whether a Form 10-IEA was filed for that year, and make the return consistent with it.
  • If CPC applies the old regime because of Form 10-IEA, claim the old-regime deductions, such as Chapter VI-A deductions, in rectification or appeal.
  • If you dispute the absence of a Section 143(1) intimation, produce portal records. A bare claim will fail.
  • This is an ITAT order, so it is persuasive, not binding outside the bench.
Keep reading

Also Read

Sources: Aniruddha Mohan Joshi v. ITO, ITA No. 5706/Mum/2026 (ITAT Mumbai), order dated 17 September 2026, available on the official ITAT judicial search portal; Income-tax Act provisions on the Income Tax Department website.

Disclaimer: This summary is for general information only and is not tax or legal advice. Verify the current position before acting on it.

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