Categories: Direct Tax

Default Regime is New Regime for ITR Filing

The default regime is the new regime for ITR filing.

Default Regime for ITR Filing: The new tax regime is the default for all taxpayers (as per the Finance Act, 2023). Form 10IEA Filing Requirements (AY 2024–25 onwards)

ITR Form Requirement to file Form 10IEA Switching Between Regimes Notes
ITR-1 Not required Allowed every year No restrictions
ITR-2 Not required Allowed every year No restrictions
ITR-3 Mandatory if opting for Old Regime One-time switch allowed Must file Form 10IEA: <ul><li>Once to opt Old Regime</li><li>Once again to revert to New Regime</li></ul> After that, you’re locked into the New Regime permanently.
ITR-4 Mandatory if opting for Old Regime One-time switch allowed Same rules as ITR-3. Carefully decide before filing.

ITR 3 – Form 10IEA Filing is mandatory when opting for old regime and if opting again for New Regime in subsequent Year. if opted old regime for one year and then opted for new regime in subsequent year then not eligible to opt old regime again means one time switching option is there. Need to file Form 10IEA a maximum of 2 times only, first when you opt for old regime and Second when you opt for new regime in a subsequent year and leave old regime . If Form 10IEA already filed for old regime for a particular year, then the new regime can’t be opted for in such year and vice versa.

ITR 4 – Form 10IEA Filing mandatory when opting for old regime and if opting again for New Regime in subsequent Year, if opted old regime for one year and then opted for new regime in subsequent year then not eligible to opt old regime again means one time Switching options are there. You need to file Form 10IEA a maximum of 2 times only, First when you opt for old regime and Second when you opt for new regime in subsequent year and leaving old regime. If Form 10IEA already filed for old regime for a particular year then cant opt new regime in such year and vice versa.

Once Form 10IEA is filed for a particular assessment year, you cannot revise or change the regime for that year. Taxpayers filing ITR-3 or ITR-4 must think twice before filing Form 10IEA, as switching is allowed only once under Section 115BAC(6).

Comparison of Income Tax Slabs under Old Tax Regime, New Tax Regime for FY 2024–25

Key insights include a comparison of income tax slabs under the old tax regime, the new tax regime for FY 2024–25 (AY 2025–26), and the revised new tax regime for FY 2025–26, along with surcharge rates across all regimes.

Old Tax Regime (Individual below 60 years)

Income Slab (INR ) Tax Rate Tax Amount
Up to INR 2,50,000 NIL INR 0
INR 2,50,001 – INR 5,00,000 5% INR 12,500
INR 5,00,001 – INR 10,00,000 20% INR 1,00,000
Above INR 10,00,000 30%

Rebate under Section 87A if total income ≤ INR 5,00,000 & Deductions allowed under 80C, 80D, HRA, LTA, etc.

New Tax Regime – FY 2024–25 (AY 2025–26)

Income Slab (INR ) Tax Rate Tax Amount
Up to INR 3,00,000 NIL INR 0
INR 3,00,001 – INR 7,00,000 5% INR 20,000
INR 7,00,001 – INR 10,00,000 10% INR 30,000
INR 10,00,001 – INR 12,00,000 15% INR 30,000
INR 12,00,001 – INR 15,00,000 20% INR 60,000
Above INR 15,00,000 30%

Rebate under Section 87A if total income ≤ INR 7,00,000 & Most deductions not allowed (except standard deduction and NPS)

New Tax Regime – FY 2025–26 (Further Revised Slabs)

Income Slab (INR ) Tax Rate Tax Amount
Up to INR 4,00,000 NIL INR 0
INR 4,00,001 – INR 8,00,000 5% INR 20,000
INR 8,00,001 – INR 12,00,000 10% INR 40,000
INR 12,00,001 – INR 16,00,000 15% INR 60,000
INR 16,00,001 – INR 20,00,000 20% INR 80,000
INR 20,00,001 – INR 24,00,000 25% INR 1,00,000
Above INR 24,00,000 30%

Rebate under Section 87A if total income ≤ INR 12,00,000 (as per latest update)

Surcharge Rates (All Regimes)

Total Income (INR ) Surcharge Rate
INR 50,00,001 – INR 1 crore 10%
INR 1 crore – INR 2 crore 15%
INR 2 crore – INR 5 crore 25% (Old Regime only)
Above INR 5 crore 37% (Old Regime only)
  • Under the new regime, maximum surcharge is capped at 25% & Health & Education Cess: 4% on total tax + surcharge
  • New Regime (FY 2025–26) offers: More granular tax slabs, a higher Section 87A rebate limit (INR 12 lakh), and still no major deductions allowed, but better net tax for many
  • The old regime is still useful for those with Large deductions under 80C/80D/HRA, etc., and lower net taxable income post deductions
  • High-income individuals benefit under the new regime due to the surcharge cap at 25% (vs 37% in the old regime for income above INR 5 crore).

General Comparison – FY 2025–26 vs. FY 2024–25

Feature FY 2025–26 FY 2024–25
Rebate Eligibility (Sec 87A) INR 12,00,000 INR 7,00,000
Standard Deduction INR 75,000 (salaried)
INR 25,000 (pensioners)
INR 75,000 (salaried)
Effective Tax-Free Salary INR 12,75,000 INR 7,75,000
Rebate Amount (u/s 87A) INR 60,000 INR 25,000

Allowances/Deductions Available in New Regime

Exemption / Deduction FY 2025–26 FY 2024–25
HRA Exemption
Leave Travel Allowance (LTA)
Food Allowance
30% Additional Employee Cost (80JJAA)
Entertainment & Prof. Tax
Perquisites for Official Purposes
Home Loan Interest (Self-occupied)
Home Loan Interest (Let-out)
Section 80C (LIC, PPF, etc.)
Employee’s NPS Contribution
Employer’s NPS Contribution ✅ (14% for all employees) ✅ (14% for all employees)
Medical Insurance – 80D
Disabled Individual – 80U
Education Loan – 80E
EV Loan – 80EEB
Donation – 80G
Savings Interest – 80TTA/TTB
Other Chapter VI-A deductions
Family Pension Deduction
Gifts up to INR 5,000
VRS Exemption – 10(10C)
Gratuity Exemption – 10(10)
Leave Encashment – 10(10AA)
Daily Allowance
Transport for specially-abled
Conveyance Allowance
  • Highlights for FY 2025–26: Significant rebate hike under Section 87A (INR 12 lakh threshold) & Most Chapter VI-A deductions remain disallowed.
  • Greater scope for non-taxable reimbursements (like conveyance and daily allowance) & Still no relief for HRA, LTA, 80C, or 80D in the New Regime
  • Leave Encashment rules after retirement or resignation as per Section 10(10AA) : In case Central/State Government Employees : Leave Encashment received at retirement/resignation Then Fully Exempt from Income Tax. Then No limit on the exemption.In case Non-Government / Private Sector Employees : Leave encashment received at retirement or resignation is partly exempt. Exemption is available under Section 10(10AA)(ii). New Limit (Budget 2023) Earlier: INR 3,00,000 (fixed since 2002) & Now: INR 25,00,000 (effective AY 2023-24 onwards).
  • Any excess over the exemption is taxable as salary income.  Exemption Calculation (Least of the following is exempt):
    • Cash equivalent of leave standing to the credit of the employee (earned leave balance × average salary of last 10 months).
    • 10 months’ average salary (based on last 10 months’ basic salary + DA + commission if fixed % of turnover).
    • Amount actually received as leave encashment.
    • Statutory limit – INR 25,00,000 (after Budget 2023).

    In Case of Death of Employee : If an employee dies before availing leave encashment. Payment to legal heirs is fully exempt from tax, regardless of employer (Govt. or private). In Summary

    • Govt employees Then Full exemption.
    • Private employees then Exemption up to INR 25 lakh (least of 4 conditions).
    • On death then Fully exempt for legal heirs.
Rajput Jain & Associates

Rajput Jain & Associates is a Chartered Accountants firm, with it's headquarter situated at New Delhi (the capital of India). The firm has been set up by a group of young, enthusiastic, highly skilled and motivated professionals who have taken experience from top consulting firms and are extensively experienced in their chosen fields has providing a wide array of Accounting, Auditing, Taxation, Assurance and Business advisory services to various clients and their stakeholders. Rajput jain & Associates, a professional firm, offers its clients a full range of services, To serve better and to bring bucket of services under one roof, the firm has merged with it various Chartered Accountancy firms pioneer in diversified fields. We have associates all over India in big cities. All our offices are well equipped with latest technological support with updated reference materials. We have a large team of professionals other than our Core Team members to meet the requirements of our prospective clients including the existing ones. However, considering our commitment towards high quality services to our clients, our team keeps on growing with more and more associates having strong professional background with good exposure in the related areas of responsibility.

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