Tax-regime election through prescribed Form 10-IEA prevails over conflicting return entries, while old-regime deductions require verification.
Section 115BAC requires a tax-regime election to be exercised through prescribed Form No. 10-IEA; a conflicting declaration in the income-tax return cannot supersede that election. A challenge to a section 143(1) adjustment based on alleged non-receipt of prior intimation fails where non-receipt is not established by portal records or other material. Where income is processed under the old tax regime after opting out of the new regime, deductions available under the old regime must be considered. Assessment requires limited verification of eligible deductions before giving effect to that regime.
Issues: (i) Whether a declaration in the return can override Form No. 10-IEA already filed to opt out of the new tax regime; (ii) Whether the section 143(1) adjustment was invalid for want of prior intimation; and (iii) Whether deductions under the old tax regime must be considered when the CPC applies that regime.
Issue (i): Whether a declaration in the return can override Form No. 10-IEA already filed to opt out of the new tax regime.
Analysis: Section 115BAC requires the statutory option concerning the tax regime to be exercised through the prescribed Form No. 10-IEA. The assessee had filed that form opting out of the new regime, whereas the subsequently filed return contained a conflicting selection. A contrary entry in the return could not replace or reverse the option exercised through the prescribed form.
Conclusion: Form No. 10-IEA governed the tax-regime option, and the conflicting return declaration was ineffective. The issue is against the assessee.
Issue (ii): Whether the section 143(1) adjustment was invalid for want of prior intimation.
Analysis: The assessee did not produce material from the income-tax portal or otherwise establish non-receipt of the prior intimation. The decision concerning an admitted failure to issue notice or proposed adjustment was factually distinguishable.
Conclusion: The challenge to the section 143(1) adjustment for alleged absence of prior intimation fails. The issue is against the assessee.
Issue (iii): Whether deductions under the old tax regime must be considered when the CPC applies that regime.
Analysis: Having treated the assessee as opted out of the new regime and subjected income to the old regime, the corresponding deductions available under that regime required consideration. The matter required limited verification of the eligible deductions.
Conclusion: Deductions eligible under the old tax regime must be considered where that regime is applied. The issue is in favour of the assessee.
Final Conclusion: The assessment is restored for limited consideration of deductions eligible under the old tax regime.
Ratio Decidendi: Where a statutory tax-regime option is required to be exercised through a prescribed form, a conflicting declaration in the return cannot supersede that form.