Section 115BAC of the Income Tax Act
Income-tax Act, 2025: s.202
Section 115BAC of the Income-tax Act, 1961 corresponds to section 202 (New tax regime for individuals, Hindu undivided family and others) of the Income-tax Act, 2025.
Read section 202 of the 2025 Act
Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.
The decision most relied on for Section 115BAC is Mela Ram & Sons. v. CIT (29 ITR 607), cited in 29 of the 144 judgments on BharatTax that turn on this section.
Leading authorities on Section 115BAC
An appeal presented out of time is still an appeal, and an order dismissing it as time-barred is an order passed in appeal. An appeal decided without considering the delay is required to be decided on condonation of delay even if admitted.
An assessee can make a claim of deduction for the first time before the appellate authorities.
Filing Form 10-IE after the due date is a directory requirement, not mandatory, for opting into the concessional tax regime under section 115BAC. The benefit of the scheme should not be denied if the form is available during processing.
Failure to file Form 10-IE by the due date does not automatically disentitle an assessee from opting for the new tax regime under Section 115BAC if the form is available with the CPC at the time of processing the return. The requirement of filing Form 10-IE is considered procedural and directory, not mandatory.
