115BAC in case of defective return

We have received a defective notice for an individual. We have opted for 115BAC in the original return. In response to defective return, we need to file another return, can we opt for 115BAC in this return even if it after due date?

Hello @Hemanth_Kumar

You can opt for Section 115BAC only when the return is filed u/s 139(1) i.e return filed on or before the due date.

Thus, you cannot opt for 115BAC while filing another return in response to defective return notice.

Quicko can help you via MEET to help you to file ITR under old regime claiming maximum deductions possible as per IT Act.

Thank you.

We have filed original return within the due date as per 139(1) by opting 115BAC
Then how come we are not eligible to claim 115BAC in the latest return?

@Hemanth_Kumar Hello,

The law says ITR will get processed u/s 139 (9) and thus you are not eligible to opt for the new regime.

Section 115 BAC is allowed only on processing of return u/s 139(1).