The Chartered Accountant • Journal of ICAI January 2022 • Vol. 70 • No. 7 • pp. 66–72 (Journal pp. 842–848)
Taxation • Direct Taxes

A Critical Analysis of Alternate Tax Regime Under Section 115BAC Of Income Tax Act, 1961

SG

Dr. Shikha Gupta

The author is an academician. She can be reached at eboard@icai.in

“Investment planning is an essential part of financial planning. However, investment decision making is a difficult task since the market is flooded with plethora of investment alternatives which renders an ordinary person having limited knowledge of financial products, confused and lost. As a result, this part of financial planning is side-lined and pushed to some ‘later date’ in future. As the financial year comes to an end and date of income tax return filing nears, a haggard ordinary taxpayer is then forced to rely on so called ‘investment advisors’ who, in pursuit of higher commissions, push sub-standard financial products which are not aligned to his financial needs and goals. Such investment options, no doubt, save taxes but do not provide adequate return or/and are not liquid enough. Read on…”

Introduction and Macro Context

Investment planning should not only save taxes but also provide competitive returns commensurate with the risk of the underlying security and liquidity according to the needs of the investor. This paper, however, focuses specifically on tax planning as an integral part of comprehensive financial planning. The discussion assumes heightened significance in the wake of the Union Budget 2020, which introduced the Alternate Tax Regime under Section 115BAC of the Income Tax Act, 1961, with the avowed objective of minimizing the burden of purchasing unnecessary, sub-optimal financial policies solely to claim tax exemptions.

The newly inserted section provides an annual or standing option to an assessee to either continue with the existing conventional tax structure (with deductions and exemptions) or adopt the new concessional tax regime (with lower slab rates but foregone exemptions). Introduced through the Finance Act, 2020, this optional structure applies exclusively to the Individual and Hindu Undivided Family (HUF) categories of taxpayers. Hailed by the Government as a major milestone towards statutory simplification, it fundamentally alters the personal tax planning, compliance burden, and investment behavior of the largest taxpayer base in India.

Objectives, Database and Research Methodology

Core Objectives of the Study:

  1. To examine the Alternate Tax Regime introduced through Section 115BAC of the Income Tax Act, 1961, to understand its real impact on the (alleged) simplification of the tax structure for the sampled population.
  2. To comparatively evaluate the Alternate Tax Regime against the existing tax regime across various income slabs and investment patterns, thereby assisting individual and HUF assessees in arriving at an optimal, mathematically informed tax decision.

Database and Methodology: The study is descriptive in nature, drawing upon statutory provisions of the Finance Act, 2020, Section 115BAC, and relevant CBDT notifications (including the Income-tax (13th Amendment) Rules, 2020). Using hypothetical income scenarios spanning various income tiers, the study models exact tax liabilities under both regimes to identify break-even thresholds and disseminate actionable findings.

Review of Literature

Academic and policy discourse regarding structural tax simplification provides critical context for evaluating Section 115BAC:

  • Sarma (2002): Argued that traditional taxes founded upon complex multi-layered bases (income, wealth, trade, services) severely complicate taxpayer compliance and suggested a revenue-neutral single Transaction Value Tax as a cleaner alternative.
  • Saltiel et al. (2014): Examined the economic effects of individual tax rate cuts, demonstrating that rate reductions must be accompanied by spending restraint or base-broadening to avert fiscal deficits, while acknowledging that base-broadening simultaneously alters savings incentives.
  • Nirmala Sitharaman, Union Finance Minister (Budget Speech 2020-21): Stated that “Currently the Income Tax Act is riddled with various exemptions and deductions which make compliance by the taxpayer and administration of the Income Tax Act by the tax authorities a burdensome process. Inability to comply with provisions of tax laws has been a major issue for a large number of tax payers.” She stressed that eliminating convoluted deductions and reducing rates would ensure voluntary compliance.
  • Sanjib Ghimire (2020): Conceptually evaluated the pros and cons of the optional regime, establishing that assessees require deep comparative understanding since the regime cannot be blindly presumed beneficial for all individuals.
  • Suresh Surana (2021): Compared both structures and concluded that unlike corporate tax rate rationalizations (such as Section 115BAA/115BAB), concessional individual tax rates under Section 115BAC have selective application and benefit only a specific sub-category of assessees.

Significant Statutory Provisions Under Section 115BAC

The statutory mechanics governing the alternate regime under Section 115BAC encompass thirteen vital parameters:

  1. Effective Date: The provisions take effect from Assessment Year (AY) 2021-22 (Financial Year 2020-21).
  2. Eligible Entities: Exclusively applicable to Individuals and Hindu Undivided Families (HUFs), whether resident or non-resident.
  3. Optional Nature: The alternate regime does not extinguish the existing tax structure; it provides an optional pathway enabling taxpayers to choose whichever regime minimizes total tax outgo.
  4. Concessional Slab Rates: Tax is computed as per the graduated progressive seven-tier slab schedule.
  5. Uniform Basic Exemption Limit: The threshold exemption is uniformly fixed at Rs. 2,50,000 for all individual assessees, irrespective of whether they are normal citizens, Senior Citizens (60 years or older), or Super Senior Citizens (80 years or older)—unlike the existing regime which provides higher basic exemptions of Rs. 3,00,000 and Rs. 5,00,000 respectively.
  6. Rebate Under Section 87A: Full tax rebate under Section 87A continues to be available under Section 115BAC (tax liability is Nil for net taxable income up to Rs. 5,00,000).
  7. Inapplicability to Special Rate Incomes (Chapter XII): Incomes governed by special rates under Chapter XII—such as Long-Term Capital Gains (Section 112/112A), Short-Term Capital Gains on listed equities (Section 111A), and casual incomes/lottery winnings (Section 115BB)—continue to be taxed strictly at their respective special statutory rates.
  8. Surcharge and Health & Education Cess: Surcharge (ranging from 10% to 37%) and Health & Education Cess (4%) remain fully applicable on tax computed under the alternate regime.
  9. Disallowance of Exemptions and Deductions: A comprehensive list of standard exemptions and Chapter VI-A deductions are entirely disallowed under Section 115BAC (detailed in Table 2 below).
  10. House Property Loss Restriction: Any loss arising under the head “Income from house property” cannot be set off against income under any other head.
  11. Business Loss & Depreciation Restrictions: Brought forward business losses or unabsorbed depreciation from earlier years cannot be set off against current year business income if attributable to disallowed deductions.
  12. Switching Conditions: Taxpayers with no business income can exercise their choice annually on or before the due date of filing returns u/s 139(1). However, taxpayers having business or professional income can opt into the alternate regime once, which then remains binding for all subsequent years; they can withdraw from it only once in a lifetime, after which they are permanently barred from re-entering Section 115BAC (unless they cease to have business income).
  13. Mandatory Electronic Filing: Assessees with business income exercising the option must furnish Form No. 10-IE electronically on or before the due date of return filing.
“Surcharge and health and education cess will continue to be applicable under alternate tax regime.”

Table 1: Income Tax Slab Rates Under Alternate Tax Regime (Section 115BAC)

S. No. Total Income Slab (Rs.) Concessional Tax Rate
1. Up to 2,50,000 Nil
2. From 2,50,001 to 5,00,000 5 percent
3. From 5,00,001 to 7,50,000 10 percent
4. From 7,50,001 to 10,00,000 15 percent
5. From 10,00,001 to 12,50,000 20 percent
6. From 12,50,001 to 15,00,000 25 percent
7. Above 15,00,000 30 percent

Source: Central Board of Direct Taxes (CBDT), “Income-tax (13th Amendment) Rules, 2020,” Department of Revenue, Ministry of Finance.

Table 2: Deductions and Exemptions Forgone Under Alternate Tax Regime

S. No. Disallowed Deduction / Exemption Clause
i.Leave travel concession [u/s 10(5)]
ii.House rent allowance (HRA) [u/s 10(13A)]
iii.Special allowances u/s 10(14) other than exemptions pertaining to travel, transfer and conveyance expenses incurred officially (vide Notification No. 38/2020 dated 26/06/2020)
iv.Allowances to Members of Parliament / MLAs [u/s 10(17)]
v.Exemption [u/s 10(32)] available in case of clubbing of income of minor child (Rs. 1,500 per child)
vi.Exemption of perquisite in respect of free food and non-alcoholic beverages provided by employer [u/s 17(2)]
vii.Standard deduction (Rs. 50,000), Entertainment allowance, and Professional tax [u/s 16]
viii.Interest on housing loan for one or two self-occupied properties up to Rs. 2,00,000 [u/s 24(b)]
ix.Additional depreciation on plant and machinery [u/s 32(1)(iia)]
x.Deduction for investment in new plant or machinery in notified backward areas in certain States [u/s 32AD]
xi.Deduction for tea development account, coffee development account and rubber development account [u/s 33AB]
xii.Deduction for site restoration fund [u/s 33ABA]
xiii.Deduction for expenditure on scientific research [u/s 35(1)(ii)/(iia)/(iii) and 35(2AA)]
xiv.Standard deduction in case of family pension [u/s 57(iia)]
xv.All Chapter VI-A deductions from Section 80C to 80U (e.g., 80C, 80CCC, 80CCD(1), 80D, 80E, 80G, 80TTA), except employer’s contribution towards NPS u/s 80CCD(2)

Source: Central Board of Direct Taxes (CBDT), “Income-tax (13th Amendment) Rules, 2020,” Department of Revenue, Ministry of Finance.

Table 3: Comparative Summary of Slab Rates (Alternate vs. Existing Tax Regime)

S. No. Total Income Slab Tax Rate Under Section 115BAC Tax Rate Under Existing Regime
1. Up to Rs. 2,50,000 Nil Nil
2. From Rs. 2,50,001 to Rs. 5,00,000 5 percent 5 percent
3. From Rs. 5,00,001 to Rs. 7,50,000 10 percent 20 percent
4. From Rs. 7,50,001 to Rs. 10,00,000 15 percent 20 percent
5. From Rs. 10,00,001 to Rs. 12,50,000 20 percent 30 percent
6. From Rs. 12,50,001 to Rs. 15,00,000 25 percent 30 percent
7. Above Rs. 15,00,000 30 percent 30 percent
“Any loss under the head ‘Income from house property’ cannot be set off with any other head of income.”

Comparative Slab Analysis: As Table 3 highlights, both regimes share an identical basic exemption of Rs. 2,50,000 and an identical 5% rate between Rs. 2.50 lakh and Rs. 5.00 lakh. Both regimes culminate in an effective Maximum Marginal Rate (MMR) of 42.744% (30% tax + 37% highest surcharge + 4% cess), among the highest globally. However, Section 115BAC introduces seven distinct tax brackets versus only four under the conventional structure. The peak tax bracket of 30% begins at Rs. 10,00,000 under the old regime, but is deferred to Rs. 15,00,000 under the alternate regime.

Empirical Tax Simulations: Situation 1 vs. Situation 2

To evaluate real-world impacts, the author models tax liabilities across two comprehensive behavioral situations (excluding surcharge and cess as they apply symmetrically across both regimes):

Situation 1: Assessee Has Made Zero ‘Eligible’ Tax-Saving Investments

‘Eligible investments’ refer to financial disbursements (PPF, ELSS, Life Insurance, Medical Insurance, Housing Loan Interest) deductible in the existing regime but disallowed under Section 115BAC. When no deductions are claimed, the alternate regime proves universally superior, as quantified in Table 4 below:

Case No. Total Income (Rs.) Existing Tax Liability (Rs.) Alternate Tax Liability (Rs.) Net Benefit Under 115BAC (Rs.)
1.2,50,000NilNilNil
2.5,00,000Nil (Rebate 87A)Nil (Rebate 87A)Nil
3.7,50,00062,50037,50025,000
4.8,00,00072,50045,00027,500
5.10,00,0001,12,50075,00037,500
6.12,50,0001,87,5001,25,00062,500
7.15,00,0002,62,5001,87,50075,000 (Max Cap)
8.50,00,00013,12,50012,37,50075,000
9.1,00,00,00028,12,50027,37,50075,000
10.2,00,00,00058,12,50057,37,50075,000
11.5,00,00,0001,48,12,5001,47,37,50075,000

Key Finding from Table 4: In the complete absence of tax deductions, the absolute monetary tax savings under Section 115BAC is strictly capped at Rs. 75,000 per annum for all income levels exceeding Rs. 15,00,000. For ultra-high net worth individuals earning Rs. 50 lakh to Rs. 5 crore, an annual benefit of Rs. 75,000 is negligible, corroborating that Section 115BAC offers targeted relief primarily to lower- and middle-income strata.

Situation 2: When Assessee Claims Normal Eligible Deductions

When an assessee utilizes standard tax-saving avenues (Standard Deduction, Professional Tax, and Section 80C), the superior regime depends directly upon income levels and deduction volume:

Table 5: Case Where Alternate Regime is Beneficial (Gross Salary Rs. 13,50,000)
Particulars Existing Tax Regime (Rs.) Alternate Regime u/s 115BAC (Rs.) Net Benefit (Rs.)
Gross Salary13,50,00013,50,000-
Less: Standard Deduction [u/s 16(ia)]50,000--
Less: Professional Tax [u/s 16(iii)]2,400--
Net Salary / Gross Total Income12,97,60013,50,000-
Less: Deductions under Section 80C, 80CCC, 80CCD(1)1,50,000--
Total Taxable Income11,47,60013,50,000-
Tax Liability (Excl. Cess)1,56,7801,50,000+6,780

Note on Table 5: At Rs. 13,50,000 gross salary with only basic 80C investments, Section 115BAC saves Rs. 6,780. However, if the assessee additionally claims Section 80D (health insurance) or Section 24(b) home loan interest, the old regime immediately regains superiority.

Table 6: Case Where Existing Regime is Beneficial (Gross Salary Rs. 9,00,000)
Particulars Existing Tax Regime (Rs.) Alternate Regime u/s 115BAC (Rs.) Net Benefit (Rs.)
Gross Salary9,00,0009,00,000-
Less: Standard Deduction [u/s 16(ia)]50,000--
Less: Professional Tax [u/s 16(iii)]2,400--
Net Salary / Gross Total Income8,47,6009,00,000-
Less: Deductions under Section 80C, 80CCC, 80CCD(1)1,50,000--
Total Taxable Income6,97,6009,00,000-
Tax Liability (Excl. Cess)52,02060,000+7,980 (Old Regime Win)

Key Conclusion from Table 6: For a salary income of Rs. 9,00,000 with basic 80C deductions, the existing tax regime saves Rs. 7,980. Hence, the alternate regime cannot be presumed uniformly superior.

Critical Synthesis: Benefits vs. Macroeconomic Costs

Promised Benefits & Intent

  • Greater Disposable Income: Gives individuals freedom to deploy surplus cash based on genuine liquidity needs rather than forced lock-in tax products.
  • Reduction in Mis-selling: Curbs predatory marketing of poor-yielding, commission-heavy financial products sold in the eleventh month of the fiscal year.
  • Diminished Compliance Hassles: Eliminates tedious documentation, collecting rent receipts, and verification of investment proofs by employers.

Macro Risks & Counter-Productivity

  • Increased Computational Complexity: Assessees now carry the double burden of calculating tax under both regimes every year before deciding.
  • Negative Shock to Domestic Savings: Dilutes institutional savings channeled into provident funds, mutual funds, insurance, and long-term nation-building infrastructure.
  • Depressed Insurance & Healthcare Penetration: Social security in India is self-funded. Without tax nudges u/s 80C and 80D, millions may remain dangerously under-insured.
“The primary objective of Alternate Tax Regime under Section 115BAC is to simplify the complex tax structure and free taxpayers from the burden of purchasing unnecessary financial policies solely to claim tax exemptions.”

Conclusion and Policy Recommendations

While Section 115BAC is a commendable gesture towards reducing litigation and eliminating convoluted exemptions, the dual regime ironically exacerbates compliance anxiety for the ordinary salaried person. It necessitates extensive comparative modeling each assessment year to avoid fiscal detriment.

Tax incentives in a developing economy serve as vital behavioral ‘nudges’ cultivating retirement and healthcare resilience. The Government should continuously recalibrate concessional slabs and consider preserving essential social protection exemptions (such as basic health insurance and standard deduction) within Section 115BAC to make it genuinely appealing without sacrificing societal welfare.

References

  1. Sarma J.V.M. (2002), “Simplifying the Income Tax: Lessons from Theory and Practice”, Economic and Political Weekly, Vol. 37, Issue No. 25, pp. 2400-2404.
  2. Saltiel F, Renaud B, Krupkin A, Burman L, Hamilton D, Lim D, Marron D, Toder E, Wu K (2014), “Effects of Income Tax changes on economic growth”, Economic studies at Brookings.
  3. Sitharaman, N. (2020), “Budget 2020-21: Speech of Nirmala Sitharaman,” Minister of Finance, Government of India. Available at: https://www.incometaxindia.gov.in/budgets%20and%20bills/2020/budget_speech.pdf
  4. Central Board of Direct Taxes (2020), “Income-tax (13th Amendment) Rules, 2020,” Department of Revenue, Ministry of Finance. Available at: https://www.incometaxindia.gov.in/communications/notification/notification_38_2020.pdf
  5. Income Tax Act 1961, India (2020). Available at: https://www.incometaxindia.gov.in/pages/acts/income-tax-act.aspx
  6. Ministry of Law and Justice (2020), “The Finance Act, 2020,” Legislative Department, Government of India.
  7. Sanjib Ghimire (2020), “A study on optional tax regime for individual and hindu undivided family taxpayers under section 115BAC of the Income Tax Act, 1961”, International Journal of Research in Commerce, Economics and Management. Available at: http://ijrcm.org.in/
The Chartered Accountant • Journal of The Institute of Chartered Accountants of India (ICAI)
January 2022 Issue • Vol. 70 • No. 7 • pp. 66–72 (Journal pp. 842–848)
Author Contact: eboard@icai.in