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Section 115BAC of Income Tax Act: New Tax Regime Deductions Allowed

Updated on: 27 Mar, 2024 04:12 PM

The Finance Act of 2020 introduced Section 115BAC into the Indian Income Tax Act. This section allows individuals to choose between old tax rates and new reduced tax rates. Both regimes come with their own share of deductions and exemptions. This article sheds light upon the deductions under the new tax regime introduced under section 115BAC of the Income Tax Act.

What is Section 115BAC of the New Tax Regime?

According to Section 115BAC of the Income Tax Act, individuals or Hindu undivided families (HUFs) with income other than from a profession or business can choose to be taxed based on earlier years' income when filing their returns under Section 139(1). This change was applied starting from the 2020-21 financial year and covers income earned from April 1, 2020, onward.

A key aspect of this tax regime, outlined in Section 115BAC of the Income Tax Act, is the significant reduction in income tax slab rates. However, those who opt for this new regime will need to give up various deductions and exemptions available in the existing tax structure.

Under this new section of the Income Tax Act, the concessional tax rate is applicable only after computing total income, excluding certain deductions or exemptions like set off of a loss and additional depreciation.


What are the Income Tax Slab Rates Under Section 115BAC?

In the Budget for 2023, revisions have been made to the income tax slabs within the deduction under the new tax regime. The table below displays the updated income slabs and corresponding tax rates for the financial year 2023-24.

Income Slabs New Regime Tax Rates (FY23-24)
Up to Rs 3 lakh Nil
Rs 3 lakh to Rs 6 lakh 5%
Rs 6 lakh to Rs 9 lakh 10%
Rs 9 lakh to Rs 12 lakh 15%
Rs 12 lakh to Rs 15 lakh 20%
Income above Rs 15 lakh 30%

What is the Eligibility for Section 115BAC?

Hindu Undivided Families and individuals have the option to pay income tax according to the new tax slab rates. However, certain conditions must be met for the total income of the financial year:

  • Income from business or profession should not be included in the total income.
  • Total income should be calculated without availing deductions/exemptions from various sections such as Chapter VIA (except 80CCD, 80JJAA), sections 24b, 10, 32, 35, etc.
  • Exclusions specified in Clause (5), (13A), (14), (17), (32) of Section 10 or 10AA or Section 16 should be considered.
  • Any losses from past years due to claiming the mentioned deductions or owning a house should not be set off.
  • No exemptions or deductions for allowances or perquisites can be applied.
  • Depreciation under section 32(iia) cannot be claimed when computing the total income under section 115BAC.

The calculation of eligibility under section 115BAC is done without taking into account the account losses caused due to the above deductions in the past assessment year or from any real estate owned by the individual or HUF.


Which Exemptions and Deductions Are Not Claimable Under the New Regime?

Some major deductions and exemptions that cannot be claimed under the new tax regime are given below -

  • The standard deduction under section 80TTB/80TTA.
  • Entertainment allowance and professional tax on salaries.
  • Leave Travel Allowance (LTA).
  • House Rent Allowance (HRA).
  • Helper allowance
  • Minor child income allowance.
  • Special allowances under section 10(14).
  • Children's education allowance.
  • Interest on housing loan on the self-occupied property or vacant property.
  • Chapter VI-A deductions (except Section 80CCD(2) and Section 80JJAA).
  • Exemption and deduction for allowances and other perquisites, including food allowance of Rs.50 per meal to a maximum of 2 meals a day.
  • Donations made to a trust or a political party.
  • Employee’s own contribution to NPS.
  • Deduction from family pension income upto FY 2022-23 is allowed as a deduction.
  • A standard deduction of Rs.50,000 upto FY 22-23 is allowed as a deduction.

Which Deductions Are Allowed Under the New Tax Regime?

Despite the long list of deductions unavailable under the new regime, it still offers various other tax-saving options. The various deductions and exemptions available under the new tax regime are given below -

  • Transport allowance provided to specially-abled persons.
  • A conveyance allowance was received as compensation for the expenditure incurred as a part of the employment.
  • Allowance is received to meet the expenses of tour, transfer, or travel.
  • Daily allowance received in order to meet the ordinary expenses due to his absence from the place of duty.
  • Perquisites received for official purposes.
  • Exemption on voluntary retirement under section 10(10C), leave encashment u/s 10(10AA) and gratuity under section 10(10).
  • Interest on a home loan on the let-out property (section 24).
  • Gifts received upto Rs.50,000.
  • Deduction for employer’s contribution to NPS account under section 80CCD(2).
  • Deduction for additional employee cost.
  • The standard deduction is Rs.50,000 under the new regime, applicable from FY 23-24.
  • Deduction for family pension scheme under section 57(iia).
  • Deduction of the amount deposited or paid in the Agniveer Corpus Fund under section 80CCH(2).

Old vs New - Which Regime to Choose?

Both the old and the new regimes offer a fair share of tax-saving opportunities. Therefore, there cannot be a single answer to this question. The choice of regime depends on your individual financial situation, including your investments, income sources, etc. But, ever since the introduction of the new regime and the constant amendments, many taxpayers find it difficult to choose the most beneficial regime for themselves. Don’t worry! We have made this easier for you. You can compare your tax liability under both regimes using our old vs new tax regime calculator.

And if you want to know about more ways to save taxes under both the old and the new regime, you can reach out to our tax experts who navigate through 300+ tax provisions to make sure you can maximize your tax-savings. Get Tax Consultation Now!


Frequently Asked Questions

Q- What are the deductions allowed for 115bac?

Section 115BAC limits deductions and disallows various expenses such as HRA, medical costs, and education loan interest. Additionally, starting from FY 2023-24, individuals can claim a standard deduction of Rs. 50,000 under both the new and old tax regimes.


Q- What is the basic exemption limit of income tax under the new regime?

The new tax regime currently sets the basic exemption limit at Rs. 3 lakh. This was raised in last year's budget from Rs. 2.5 lakh by Rs. 50,000. The income tax slabs applicable under the new tax regime are given above.


Q- Is professional tax deductible under the new tax regime?

Employers include professional tax paid on behalf of employees as a perquisite in their salary reported in Form 16. Therefore, this amount is eligible for deduction without any limit." However, this deduction is not available in the new tax regime.


Q- Is PPF included in the new tax regime?

Tax is not levied on maturity proceeds from investments in the Public Provident Fund (PPF) and Sukanya Samriddhi Yojana. However, in the new regime, investments in these accounts do not qualify for the section 80C deductions up to Rs 1.5 lakh offered by the old regime.


Q- What is the Section 10 exemption in the new tax regime?

This section grants exemptions for expenses made on the account of your employer's business. It covers costs such as travel, conveyance, research allowances, and others as long as these expenses are genuinely incurred for their intended purposes.


Q- Can we switch from the new to the old regime?

A salaried individual can freely switch between the new and old tax regimes each financial year. Even if they've opted for the new tax regime for TDS throughout the year, they can still easily change their preferred tax regime when filing their ITR.


CA Abhishek Soni
CA Abhishek Soni

Abhishek Soni is a Chartered Accountant by profession & entrepreneur by passion. He is the co-founder & CEO of Tax2Win.in. Tax2win is amongst the top 25 emerging startups of Asia and authorized ERI by the Income Tax Department. In the past, he worked in EY and comes with wide industry experience from telecom, retail to manufacturing to entertainment where he has handled various national and international assignments.