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Microlesson · 5-min read

Section 115BAC - Default Tax Regime for Individual/HUF/AOP/BOI/AJP

## Section 115BAC — Default Tax Regime

Applicable to: Individual / HUF / AOP / BOI / AJP

### Slab Rates [Default Regime]

Total IncomeRate
Upto ₹ 4,00,000 (Basic Exemption Limit)NIL
₹ 4,00,001 – ₹ 8,00,0005%
₹ 8,00,001 – ₹ 12,00,00010%
₹ 12,00,001 – ₹ 16,00,00015%
₹ 16,00,001 – ₹ 20,00,00020%
₹ 20,00,001 – ₹ 24,00,00025%
Above ₹ 24,00,00030%

### Key Feature: Default Regime

  • This is the default regime. To use the old (general) slab rates, the assessee must opt out.

### Benefits / Deductions NOT Available u/s 115BAC

  • Salary allowance exemptions (except travelling, daily, conveyance, transport allowances)
  • Leave Travel Concession (LTC)
  • ₹50 per meal food coupon exemption
  • Salary deductions u/s 16 — Professional Tax & Entertainment Allowance

However, Standard Deduction of ₹75,000 is allowed.

  • Interest deduction on Self-Occupied House Property
  • Section 10AA (SEZ deduction)
  • Additional Depreciation
  • Section 35 (Scientific Research — outside contribution)
  • Section 35AD (Specified Business)
  • Section 10(32) — clubbing exemption of ₹1,500 per child
  • All Chapter VI-A deductions EXCEPT:
  • 80CCD(2) — Employer contribution to NPS
  • 80CCH(2) — Central Government contribution to Agnipath Scheme
  • 80JJAA — Deduction for employment of new employees

### Surcharge under 115BAC

Total IncomeSurcharge
Upto ₹ 50 lakhsNIL
₹ 50 lakh – ₹ 1 cr10% of Tax
₹ 1 cr – ₹ 2 cr15% of Tax
Above ₹ 2 cr25% of Tax

Note: The 37% rate is NOT applicable under 115BAC — maximum is 25%.

Further, the 25% rate does not apply on tax on CG u/s 111A/112/112A and Dividend Income.

### Rebate u/s 87A under 115BAC [Special]

  • Available to Resident Individual only.
  • If Total Income does not exceed ₹ 12,00,000, Rebate = Lower of:
  • ₹ 60,000, OR
  • Actual tax amount (before cess)

#### Marginal Relief on Rebate

If Total Income marginally exceeds ₹ 12,00,000, rebate is available equal to:

> Tax on Total Income (before cess) – Extra Income above ₹ 12,00,000

This ensures that the additional tax does not exceed the additional income.

Worked example

### Example 1

Example — Rebate under 115BAC

ParticularsCase ICase IICase III
Mr. A (Resident) Total Income₹12,00,000₹11,00,000₹12,40,000
Tax as per 115BAC slabs₹60,000₹50,000₹66,000
(-) Rebate u/s 87A(₹60,000)(₹50,000)(₹26,000) [= 66,000 – 40,000 (extra income above 12L)]
Tax after RebateNILNIL₹40,000 + 4% cess

Case III: Extra income above ₹12 L = ₹40,000. Marginal relief ensures tax does not exceed extra income.

⚠️ Common exam mistakes

  • Forgetting that 115BAC is the DEFAULT regime — the old regime needs an explicit opt-out.
  • Claiming Sec 80C, 80D, 80E etc. under 115BAC — most Chapter VI-A deductions are disallowed except 80CCD(2), 80CCH(2), and 80JJAA.
  • Confusing the Standard Deduction: under 115BAC, it is ₹75,000 (not ₹50,000 of the old regime).
  • Applying the marginal relief formula incorrectly: rebate = Tax (before cess) – (Total Income – ₹12,00,000), and the rebate cannot be negative.
  • Applying 37% surcharge under 115BAC — the maximum surcharge under this regime is 25%.
  • Allowing interest on self-occupied house property under 115BAC — only let-out HP interest is allowed.
  • Granting Sec 87A rebate of ₹60,000 to a Non-Resident — it is restricted to Resident Individuals.
Reference: Section 115BAC — Income Tax Act, 1961
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