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Missing Your ITR Filing Deadline? Why the New Tax Regime Might Become Your Default Choice

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  Published in Business and Finance on Thursday, December 18th 2025 at 22:37 GMT by moneycontrol.com

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Missing Your ITR Filing Deadline? Here’s Why the New Tax Regime Might Become Your Default Choice

Every year, the Indian tax‑filing calendar becomes a cause for anxiety among taxpayers. The deadline for filing Income Tax Returns (ITR) is usually a fixed date set by the Central Board of Direct Taxes (CBDT), and missing it can trigger a cascade of penalties, interest, and administrative complications. What many people do not realise, however, is that a missed deadline can also compel them to opt into the new tax regime—the simpler, lower‑rate structure introduced in the FY 2020‑21 budget and still in force today. In this article we’ll walk through why this happens, what the new regime looks like, the penalties you could face, and how you can avoid being forced into it.

1. The New Tax Regime in a Nutshell

The new tax regime, first unveiled in Budget 2020, offers a set of lower tax rates across a wider income spectrum, but it comes at the cost of most deductions and exemptions that were available under the old regime. Here’s a quick comparison:

Under the new regime, the rates start lower (5 % on income up to ₹2.5 L) and progressively increase. This structure can be beneficial for high‑income earners who do not have many deductions, but for those who rely on exemptions, the old regime often yields a lower tax bill.

2. What Happens When You Miss the ITR Deadline?

The CBDT imposes a fixed penalty on late filing. The key points are:

In addition, the tax authorities will disallow certain deductions and exemptions if the ITR is not filed on time. That means the taxable income jumps, potentially moving you into a higher tax bracket and increasing your liability under the old regime.

3. Why You Might Be Forced Into the New Regime

You might think that you can always choose the regime that gives you a lower tax. That is true if you file on time. But if you miss the deadline, the following can happen:

1. Disallowance of Deductions – All exemptions and deductions that you were entitled to under the old regime are disallowed. The resulting higher taxable income could push you into a tax bracket that makes the new regime cheaper by default.

2. Automatic Re‑filing Under New Regime – The Income Tax Department’s e‑filing portal (https://www.incometaxindia.gov.in/) may present you with the option to file under the new regime if you have not chosen one. Once you submit the return under the new regime, the portal records it as your final choice. Since you’re already behind on the deadline, the department does not allow you to revert back to the old regime later.

3. Interest on Delayed Filing – Even if you file under the old regime after the deadline, the interest on the tax due will be calculated on the higher tax base (post‑deduction disallowance). Thus, from a cost perspective, it can be cheaper to file under the new regime after the deadline.

In short, missing the deadline removes the “optionality” that usually allows taxpayers to pick the regime that best suits their financial profile.

4. How to File After the Deadline

You can still file your ITR after the deadline, but you must do so through the e‑filing portal and pay any applicable penalties and interest. Here’s a step‑by‑step guide:

1. Gather Your Documents
   Form 16(s) from employers
   TDS certificates from banks or other financial institutions
   Records of interest, dividends, and other income sources
   PAN card, bank account details

2. Log into the e‑filing Portal
   Use your PAN and password to access https://www.incometaxindia.gov.in/. If you haven’t set up an e‑filing account, you’ll need to register first.

3. Select the Appropriate ITR Form
   For salaried individuals, ITR‑1 is usually sufficient. For those with other sources of income, you might need ITR‑2 or ITR‑3.

4. Choose Your Regime
   - If you want to stick with the old regime: select it and complete the form with all applicable deductions.
   - If you decide the new regime is cheaper: choose the new regime.

5. Submit and Pay Penalties
   After submitting the form, you’ll be prompted to pay the penalty. You can do this online via UPI, net banking, or credit/debit card.

6. Pay Interest
   If you owe tax, you must pay it as well as the interest calculated at 1.5 % per month on the amount due.

7. Obtain the Acknowledgment
   Once the return is processed, you’ll receive an ITR‑6 (if you filed under the new regime) or ITR‑1/ITR‑2 acknowledgement, which you should keep for future reference.

5. How to Decide Between Regimes

If you’re still unsure which regime to pick after the deadline, use a simple tax comparison calculator available on several financial websites. The calculation steps are:

1. Compute Taxable Income Under Old Regime
   Gross Salary – Deductions (80C, 80D, etc.) – Standard Deduction = Taxable Income

2. Apply Old Regime Rates
   Calculate tax payable using the slab rates and applicable surcharge.

3. Compute Taxable Income Under New Regime
   Gross Salary – Standard Deduction = Taxable Income

4. Apply New Regime Rates
   Use the new tax slab rates (which start at 5 %) to compute tax.

5. Add Penalties and Interest
   Add the late‑filing penalty and interest to each calculation.

6. Compare
   The lower total will be your optimal regime.

Most calculators also account for the 10 % surcharge that applies above ₹10 L under the old regime and the 20 % surcharge that may apply under the new regime for income above ₹50 L.

6. Real‑World Scenario

Raj, a ₹15 L per annum salaried employee, normally claims ₹1.5 L under 80C (PF, ELSS) and ₹50,000 as the standard deduction.
- Old Regime:
Taxable Income: ₹15 L – ₹1.5 L – ₹50,000 = ₹13 L
Tax: ₹13 L × 20 % (plus a 10 % surcharge) ≈ ₹3.1 L
- New Regime (post‑deadline):
Taxable Income: ₹15 L – ₹50,000 = ₹14.5 L
Tax: ₹14.5 L × 20 % ≈ ₹2.9 L

Because Raj missed the filing deadline, the ₹1.5 L deduction was disallowed, effectively pushing his taxable income into a higher bracket. The new regime offered a slightly lower tax bill and, importantly, avoided the penalty and interest that would have been calculated on the higher tax base under the old regime. Thus, post‑deadline, Raj was forced to choose the new regime.

7. How to Avoid Being Forced into the New Regime

1. Mark the Due Date – The typical ITR filing deadline for salaried individuals is 31st July for the assessment year that follows the financial year. Set reminders 15 days before.

2. Keep Records Updated – Make sure you receive Form 16(s) and TDS certificates before the deadline. If you’re self‑employed or have multiple income sources, compile those documents early.

3. Use the e‑filing Portal Early – The portal can be slow during peak season (October–December). Filing early (even on the due date) avoids the 30‑day window that triggers penalties.

4. Seek Professional Help if Needed – Tax consultants can file on your behalf and ensure all deductions are correctly claimed.

5. Track Your Return Status – After submission, check the status on the portal. If you see any error, correct it immediately to avoid further penalties.

8. Bottom Line

Missing your ITR filing deadline is more than a bureaucratic hiccup—it can force you into a tax regime that may or may not be optimal for your financial situation. The new tax regime offers lower rates but eliminates most deductions, and once you miss the filing window, the tax department can’t let you switch back to the old regime without penalties. The key takeaway is simple: file on time, or, if you must file late, choose the regime that gives you the lowest total tax (including penalties and interest) and pay the dues promptly.

By staying organized, leveraging the online e‑filing portal, and paying attention to deadlines, you can avoid the dreaded “forced into the new regime” scenario and keep your tax liability under control.