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CBDT Clarification on Section 115 BAC of Income Tax Act

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  • Post published:November 9, 2023
  • Post category:Taxation


 CBDT Clarification on Section 115BAC 

The Finance Act 2020 brought significant changes to income tax provisions in India by introducing Section 115BAC in the Income Tax Act. This new section allows individuals to choose between the existing tax rates with prescribed exemptions and deductions or new concessional tax rates without those exemptions and deductions. This provision aimed to simplify the taxation process and provide taxpayers with more flexibility. However, it also raised questions regarding how employers should handle tax deductions at source (TDS) when an employee chooses the new tax regime.

The Central Board of Direct Taxes (CBDT) issued Circular No.C1 of 2020 to address these queries and provide clarity. This circular serves as a guidance document to help employers and employees navigate the transition to the new tax regime. Let’s delve deeper into the implications of Section 115BAC and the CBDT’s clarifications.

Section 115BAC: A Comprehensive Look

Section 115BAC, within the framework of the Income Tax Act of 1961, introduces a distinctive choice for individuals and Hindu Undivided Families (HUFs) in the form of a new concessional tax regime. This alternative system comes with a significant overhaul of tax slabs and rates. Opting for this regime necessitates a fundamental change in the way individuals or HUFs calculate their tax liability, as it mandates the computation of total income without factoring in specified exemptions or deductions. This marks a substantial departure from the conventional tax regime that has been in place.

The crux of Section 115BAC lies in its capacity to offer taxpayers a simplified and potentially more attractive tax structure. By setting aside certain exemptions and deductions, it streamlines the tax calculation process, potentially leading to reduced tax liabilities for those who choose to opt for it. Consequently, individuals and HUFs need to carefully evaluate their financial situations and tax profiles to determine whether Section 115BAC aligns with their best interests.

In essence, Section 115BAC represents a deliberate shift in tax policy, aiming to simplify tax assessment and payment for taxpayers while also potentially encouraging higher compliance rates due to the more straightforward structure. However, it is crucial to acknowledge that the new concessional tax regime is not a one-size-fits-all solution, and its benefits depend on an individual or HUF’s specific financial circumstances and objectives. Therefore, a thorough understanding of this section and its implications is vital for informed decision-making in the realm of income tax.

Key Points of CBDT Clarifications

CBDT’s clarifications on Section 115BAC provide valuable insights for employees, employers, and taxpayers:

  • Employee’s Intimation: If an employee wishes to opt for the new concessional tax regime under Section 115BAC, they must inform their employer each financial year. This intimation is crucial and cannot be modified during the same financial year.
  • TDS Calculation: When an employee communicates their intention to opt for the new tax regime, the employer must compute TDS based on this information. Failure to make this intimation results in TDS calculation according to the old tax regime.
  • Business Income Taxpayer: For individuals with business income, the option exercised is applicable for all subsequent financial years. These taxpayers must intimate their choice to the employer. Once the option is exercised, it cannot be changed unless under specific circumstances.
  • Intimation and Section 115BAC: It’s important to note that an employee’s intimation to the employer does not constitute the exercise of the option as per Section 115BAC(5) of the Act. The option for filing a return may differ from the intimation to the employer.

Implications for Employers

Employers play a pivotal role in implementing the new tax regime under Section 115BAC. Here’s how it affects them:

  • TDS Calculation: Employers are responsible for calculating and deducting TDS from employees’ salaries. When employees communicate their choice to opt for the new tax regime, the employer must ensure that TDS is computed according to the updated tax rates.
  • Compliance: Employers need to stay updated on the income tax provisions and changes, ensuring that they are compliant with the law. Failure to compute TDS correctly may result in penalties and inconvenience for employees.
  • Communication: Employers should establish a transparent communication process for employees to make their intimation regarding the tax regime of their choice. This helps in efficient TDS calculation and compliance.

Implications for Employees

Employees are the beneficiaries of the new tax regime under Section 115BAC. Here’s how they are impacted:

  • Intimation: Employees are responsible for informing their employer about their choice to opt for the new tax regime. This intimation is a one-time decision for each financial year and cannot be modified during that year.
  • Clarity: Employees must understand the tax implications of their choice, as it affects the TDS calculation and the tax they will pay during the financial year.
  • Compliance: By intimating the employer, employees ensure that TDS is deducted at the correct rates, aligning with their chosen tax regime. This minimizes the need for refund claims later.

Grasping the Role of the 115BAC Income Tax Calculator

The 115BAC income tax calculator is a tool for determining the tax liability of individuals who opt for the new tax regime as per Section 115BAC. This calculator considers the taxpayer’s taxable income and applies the tax rates associated with the new regime to compute the tax liability.

CBDT’s Clarification Regarding Section 115BAC of the Income Tax Act

If you are a taxpayer under Section 115BAC of the Income Tax Act and have diligently fulfilled your income tax obligations in recent times, you might be wondering about the new additions to income tax regulations. Are you informed about the recent changes in the Income Tax regulatory framework? If not, this blog will provide you with the necessary insights.

New Additions in the Income Tax Regulatory Framework: What You Should Be Aware Of

Following the enactment of the Finance Act of 2020, the Income Tax Act now incorporates a fresh provision, Section 115BAC, which grants individuals the option to select between the established tax rates and the latest concessional tax rates, all without factoring in predetermined deductions or rebates. However, there has been notable uncertainty surrounding whether employers can consider the new tax system when withholding taxes from an individual’s salary following the introduction of Section 115BAC in the Income Tax Act. The Central Board of Direct Taxes (CBDT) released Circular No.C1 of 2020 to address these concerns. This circular provides clarification that, based on the intimation received from the individual employee, an employer should calculate Tax Deduction at Source (TDS) by the provisions of Section 115BAC, where applicable.

Operating Mechanism of Section 115BAC in the Income Tax Act

Section 115BAC, a recent addition to the Income Tax Act of 1961, introduces a novel income tax system in India. This particular system, accessible at, is exclusively designed for individuals and Hindu Undivided Families (HUFs). A prominent feature of this system is the significant reduction in the number of income tax brackets. However, it is important to note that this new system replaces various substantial income tax deductions and credits that were available under the previous (existing) tax regime in favour of more enticing tax rates.

Insights into India’s New Tax Regime

As introduced in the Finance Act of 2020, the optional tax structure brings forth revised tax brackets and rates, offering advantages to both individuals and HUFs. Under specific conditions, individuals and HUFs can file income tax returns utilizing the new tax bracket rates instead of the prevailing tax system. This allows them to calculate their tax liability based on their total income without accounting for specified exemptions or tax credits.

Eligibility for Section 115BAC of the Income Tax Act

This section applies to the total income of individuals and HUFs without any consideration for exemptions or adjustments related to allowances or benefits, except for business income.

It is applicable without factoring in any deductions or reductions permitted under Chapter VI-A, except for those falling under Sections 80CCD/80JJAA, Section 24b, Clause (5)/(13A)/(14)/(17)/(32) of Section 10/10AA/16, Section 32(1)/ 32AD/ 33AB/ 33ABA, Section 35/ 35AD/ 35CCC, and Section 57.

It is computed without accounting for any losses incurred in previous assessment years (AYs) due to the aforementioned deductions or losses from housing, and it excludes Section 32 amortization from the calculation.


Introducing Section 115BAC in the Income Tax Act offers individuals and HUFs in India a new tax regime with concessional rates. The CBDT has clarified how this new regime should be implemented to make this transition smoother. Employers must be diligent in computing TDS as per employees’ choices, and employees should be aware of the implications of their selection. This ensures compliance and minimizes the risk of excessive taxes withheld or refund claims. The income tax process becomes more transparent and manageable by fostering clear communication between employers and employees.

Kanakkupillai is your reliable partner in navigating the complex world of income tax compliance and other financial matters. Our experts guide individuals and businesses, ensuring that you stay compliant with tax laws and regulations. For personalized assistance and expert advice, contact Kanakkupillai today.

Remember, understanding the Income Tax Act and its provisions is crucial for financial well-being, and we are here to help you every step of the way. Your journey to financial excellence starts with Kanakkupillai.


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