What is the Income-tax Act 2025?

The Income-tax Act 2025 is the new direct tax statute that replaced the Income-tax Act 1961 with effect from 1 April 2026. The Bill was passed by Parliament on 12 August 2025 and received the assent of the President of India on 21 August 2025. It came into force on 1 April 2026 and applies from Tax Year 2026-27.

The new Act was enacted to provide a streamlined, simplified and modern tax code with reduced compliance burden, consolidated provisions and clear definitions. Over six decades, the Income-tax Act 1961 had accumulated numerous amendments, provisos and explanations making it complex and difficult to navigate.

The Income-tax Act 2025 does not impose any new tax. The intent behind replacing the old Act with the new Act is to simplify statutory language, improve structural clarity, reduce interpretational disputes, align drafting style with modern legislative standards and enhance voluntary compliance.

Structural changes in the Income-tax Act 2025

The new Act contains 536 sections and 16 schedules, compared to the 819 sections and 14 schedules of the 1961 Act. The overall complexity has been reduced because explanations and provisos have been incorporated into the main text of the sections, tables and formulas replace verbose narrative provisions, redundant and obsolete provisions have been removed, and cross-references are clearer and more direct. Similarly, the Income Tax Rules have been reduced from 511 rules with 399 forms to 333 rules with 190 forms.

Income-tax Act 1961 vs Income-tax Act 2025 — structural comparison
ParameterIncome-tax Act 1961Income-tax Act 2025
Sections819 sections536 sections
Schedules14 schedules16 schedules
ChaptersFragmented23 chapters
Rules511 rules333 rules
Forms399 forms190 forms
Word count5.12 lakh words2.6 lakh words
Tax periodPrevious Year + Assessment YearTax Year

Key changes for taxpayers

The most visible change for taxpayers is the replacement of the dual concept of "Previous Year" and "Assessment Year" with a single concept of "Tax Year". Under the new Act, income-tax is charged on the "total income" of the "tax year" of a person at the rates specified for that tax year.

For salaried taxpayers, the standard deduction has been increased to ₹75,000 and the rebate under the new regime extends to total income up to ₹12 lakh. The HRA exemption limit for metro cities has been increased from 40% to 50% of base salary, and the list of metro cities eligible for the 50% HRA exemption has been expanded to include Mumbai, Delhi, Kolkata, Chennai, Bengaluru, Hyderabad, Pune and Ahmedabad.

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Income-tax Act 1961 for earlier tax years — the dual-track framework

While the Income-tax Act 2025 applies from Tax Year 2026-27, the Income-tax Act 1961 continues for earlier tax years. The CBDT has clarified that all proceedings relating to tax years beginning before 1 April 2026 will continue to be governed by the Income-tax Act 1961.

This creates a "dual-track" compliance framework during the transition. TDS payments relating to earlier years must use old sections, whereas new deductions will follow updated provisions. For TDS payments relating to FY 2025-26 and earlier, even if made after 1 April 2026, taxpayers must use the old Act.

What continues under the Income-tax Act 1961?

The following matters continue to be governed by the Income-tax Act 1961:

  • Pending assessments for tax years before 1 April 2026
  • Pending reassessments and rectifications for earlier years
  • Pending penalty proceedings relating to earlier years
  • Pending appeals before the CIT(A), ITAT Patna Bench and High Court
  • Searches initiated before 1 April 2026 and post-search proceedings
  • Summons and notices issued for periods before 1 April 2026
  • ITR-U filings for AY 2023-24 or AY 2025-26 filed in 2026
  • TDS obligations for sums paid or credited before 31 March 2026
Dual-track framework — which Act applies to which tax year
Tax year / eventApplicable ActApplicable Rules
Tax Year 2025-26 and earlierIncome-tax Act 1961Income-tax Rules 1962
Tax Year 2026-27 onwardsIncome-tax Act 2025Income-tax Rules 2026
Sum paid or credited on or before 31 March 2026Income-tax Act 1961Income-tax Rules 1962
Sum paid or credited on or after 1 April 2026Income-tax Act 2025Income-tax Rules 2026
Searches initiated before 1 April 2026Income-tax Act 1961Income-tax Rules 1962
Searches initiated on or after 1 April 2026Income-tax Act 2025Income-tax Rules 2026

ITR-U for earlier tax years under the old Act

The Income Tax Department's transition FAQs expressly state that the 1961 Act continues to govern AY 2026-27 and earlier assessment years. Consequently, an ITR-U filed in October 2026 for AY 2023-24 or AY 2025-26 remains an updated return under the old Act.

Gap this hub fills — dual-track clarity

Most competitor pages describe the new Act but do not explain that the Income-tax Act 1961 continues for earlier tax years. This hub sets out the dual-track framework with a tax-year-by-tax-year table — so the correct Act is applied from day one.

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Section 536 — repeals and savings under the Income-tax Act 2025

Section 536 of the Income-tax Act 2025 contains the repeals and savings provisions that govern the transition. Section 536(1) formally repeals the Income-tax Act 1961 with effect from 1 April 2026.

Section 536(2)(c) is the operative savings clause. It reads: "the provisions of the repealed Income-tax Act shall continue to apply to any proceeding pending on the date of commencement of this Act and to any proceedings initiated on or after the 1st April, 2026 (including notices, assessment, reassessment, re-computation, rectification, penalty, reference, revision and appeals) in respect of any tax year beginning before the 1st April, 2026 and such proceedings shall be carried out as per the procedure specified in the repealed Income-tax Act".

What the CBDT transition FAQs clarify

The CBDT issued 23 clarificatory FAQs on the Section 536 transition provisions on 6 July 2026, following representations received after the Act came into force. The FAQs cover:

  • Summons and notices — summons issued for periods before 1 April 2026 use the 1961 Act; for periods on or after 1 April 2026, the 2025 Act
  • Searches — searches initiated before 1 April 2026 continue under the 1961 Act; later searches use the 2025 Act
  • Post-search proceedings — governed by the Act applicable to the period to which the search relates
  • Information requests — STR, TEP and CRS matters relating to periods before 1 April 2026 use the 1961 Act
  • Jurisdiction transfers and PAN migration — continuity under the 2025 Act
  • Provisional attachment and recovery — governed by the Act applicable to the tax year
  • Directors' liability and penalties — determined by the tax year of the underlying default
  • Tax clearance certificates — pending applications and existing certificates continue
  • Prosecution and retention of books — governed by the applicable Act

Registrations and approvals continuity

Existing registrations or approvals under the 1961 Act remain protected. Where specified pending applications seek benefits from Tax Year 2026-27 onwards, they may be administratively treated under corresponding provisions of the 2025 Act.

Gap this hub fills — Section 536 depth

Most competitor pages mention Section 536 in passing without explaining the savings provisions. This hub sets out Section 536(1) and Section 536(2)(c) with the CBDT's 23 transition FAQs — so the correct procedure is applied to every pending matter.

Income-tax Rules 2026 — the procedural framework

The Income-tax Rules 2026 were notified by the CBDT on 20 March 2026 vide Notification No. 22/2026 [F. No. 370142/41/2025-TPL] / G.S.R. 198(E). They came into force on 1 April 2026 and provide the procedural and operational framework for implementing the Income-tax Act 2025.

The new Rules replace the six-decade-old Income-tax Rules 1962 and introduce simplified, standardised and process re-engineered forms to make compliance simpler. The Rules have been reduced from 511 rules with 399 forms to 333 rules with 190 forms.

Key changes in the Income-tax Rules 2026

The following table sets out the key changes in forms and returns under the Income-tax Rules 2026.

Income-tax Rules 2026 — old forms vs new forms
ParticularsOld (1961 Act)New (2025 Act)
Salary TDS ReturnForm 24QForm 138
Non-Salary TDS ReturnForm 26QForm 140
Foreign Payment TDS ReturnForm 27QForm 144
TCS ReturnForm 27EQForm 143
TDS on Sale of PropertyForm 26QBForm 141
TDS on Rent of PropertyForm 26QCForm 141
Tax Audit ReportForm 3CA/3CB/3CDForm 26
Salary TDS CertificateForm 16Form 130
PAN application — IndividualForm 49AForm 93
PAN application — EntityForm 49AForm 94

Source: Transition of Income Tax Act 1961 into Income Tax Act 2025 — Key Changes.

Form 130 replaces Form 16

Form 130 has been introduced as the new standard TDS certificate, replacing Form 16 for reporting income from salaries, pensions and certain interest earnings of senior citizens. Form 130 offers a comprehensive breakdown of income, tax deductions and deposits, and will be issued annually by employers or specified banks. The certificate must be generated through the TRACES portal and issued by 15 June of the applicable year.

Revised return window

Under the new framework, taxpayers will have up to 12 months from the end of the relevant assessment year to file a revised return, with a graded fee applying beyond the earlier timeline.

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Key changes for taxpayers under the 2025 transition

The Income tax 2025 transition introduces several taxpayer-facing changes while keeping the underlying tax policy unchanged. The following table summarises the key changes.

Key taxpayer changes under the Income-tax Act 2025
ChangePosition under 1961 ActPosition under 2025 Act
Tax periodPrevious Year + Assessment YearSingle "Tax Year"
Standard deduction₹50,000₹75,000
Rebate threshold₹7 lakh₹12 lakh (₹12.75 lakh for salaried)
HRA metro exemption40% of base salary50% of base salary
Metro cities for HRA4 cities8 cities (Mumbai, Delhi, Kolkata, Chennai, Bengaluru, Hyderabad, Pune, Ahmedabad)
Salary TDS certificateForm 16Form 130
Meal card exemption₹50 per meal₹200 per meal
Revised return windowEnd of assessment year12 months from end of assessment year

Sources: NDTV Profit, MoneyLife, IndiaFilings.

Rebate under Section 156 (new) vs Section 87A (old)

The rebate under the old Section 87A has been renumbered as Section 156 in the new Act. Under the new regime, total income up to ₹12 lakh is fully tax-free by virtue of the rebate, and for salaried persons the tax-free threshold rises further to ₹12.75 lakh on account of the standard deduction of ₹75,000.

TDS section mapping — old vs new

The TDS framework has been consolidated from over 60 sections into three sections (392, 393 and 394) under the new Act. The following table maps the key TDS provisions from the old Act to the new Act.

TDS section mapping — Income-tax Act 1961 vs Income-tax Act 2025
ParticularsOld section (1961 Act)New section (2025 Act)
Salary TDSSection 192Section 392 (read with Schedule)
Interest on securitiesSection 193Section 393 (read with Schedule)
Dividend TDSSection 194Section 393 (read with Schedule)
Contractor TDSSection 194CSection 393 (read with Schedule)
Professional fees TDSSection 194JSection 393 (read with Schedule)
TDS on rentSection 194ISection 393 (read with Schedule)
TCSSections 206CSection 394 (read with Schedule)

Source: Income Tax Act 2025 — A New Era in Direct Taxation.

Gap this hub fills — TDS transition guidance

Most competitor pages ignore the fact that TDS for FY 2025-26 uses old sections while FY 2026-27 uses new sections. This hub sets out the TDS section mapping and the new form numbers — so the correct section and form are used for each payment.

TDS and TCS transition — old sections for earlier years, new sections from 2026-27

The TDS obligations continue to be governed by the Act applicable to the financial year in which the sum is paid or credited. If the payment or credit happens before 31 March 2026, the Income-tax Act 1961 applies. If the payment or credit happens on or after 1 April 2026, the Income-tax Act 2025 applies.

TDS return forms transition

The forms used for TDS return filing have changed under the Income-tax Rules 2026. The following table sets out the new form numbers.

TDS return forms — old vs new
Return typeOld form (1961 Act)New form (2025 Act)
Salary TDS ReturnForm 24QForm 138
Non-Salary TDS ReturnForm 26QForm 140
Foreign Payment TDS ReturnForm 27QForm 144
TCS ReturnForm 27EQForm 143
TDS on Sale of PropertyForm 26QBForm 141
TDS on Rent of PropertyForm 26QCForm 141

Source: Transition of Income Tax Act 1961 into Income Tax Act 2025 — Key Changes.

TDS certificate — Form 130

Form 130 replaces Form 16 as the standard TDS certificate for salary income. It must be generated through the TRACES portal and issued by 15 June of the applicable year. Non-compliance renders the certificate invalid.

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Frequently Asked Questions — income tax 2025 transition

What is the Income-tax Act 2025?

The Income-tax Act 2025 is the new direct tax statute that replaced the Income-tax Act 1961 with effect from 1 April 2026. It contains 536 sections and 16 schedules, compared to the 819 sections and 14 schedules of the old Act. The new Act applies from Tax Year 2026-27.

When did the income tax 2025 transition take effect?

The Income-tax Act 2025 came into force on 1 April 2026. It applies from Tax Year 2026-27 (1 April 2026 to 31 March 2027). The Income-tax Act 1961 continues for Tax Year 2025-26 and earlier.

Does the Income-tax Act 1961 still apply for earlier tax years?

Yes. The CBDT has clarified that all proceedings relating to tax years beginning before 1 April 2026 continue to be governed by the Income-tax Act 1961. This includes pending assessments, reassessments, rectifications, penalties and appeals.

What is Section 536 of the Income-tax Act 2025?

Section 536 contains the repeals and savings provisions. Section 536(1) formally repeals the Income-tax Act 1961 with effect from 1 April 2026. Section 536(2)(c) provides that the repealed Act continues to apply to any proceeding pending on 1 April 2026 and to any proceeding initiated on or after that date in respect of any tax year beginning before 1 April 2026.

What are the Income-tax Rules 2026?

The Income-tax Rules 2026 were notified by the CBDT on 20 March 2026 vide Notification No. 22/2026 [F. No. 370142/41/2025-TPL] / G.S.R. 198(E). They came into force on 1 April 2026 and provide the procedural framework for the Income-tax Act 2025. The Rules have been reduced from 511 rules with 399 forms to 333 rules with 190 forms.

What is the "Tax Year" concept under the Income-tax Act 2025?

The new Act removes the dual concept of "Previous Year" and "Assessment Year" and introduces a single "Tax Year". For example, 1 April 2026 to 31 March 2027 is described as "Tax Year 2026-27". Income-tax is charged on the "total income" of the "tax year".

How do I know which Act applies to my notice or order?

Check the tax year stated in the notice or order. If the tax year is 2025-26 or earlier, the Income-tax Act 1961 applies. If the tax year is 2026-27 or later, the Income-tax Act 2025 applies. Where the notice does not specify a tax year, the CBDT transition FAQs provide guidance on the correct Act.

Can I file an ITR-U for an earlier tax year under the old Act?

Yes. The Income Tax Department's transition FAQs confirm that the 1961 Act continues to govern AY 2026-27 and earlier. An ITR-U filed in 2026 for AY 2023-24 or AY 2025-26 remains an updated return under the old Act.

What is Form 130 under the Income-tax Rules 2026?

Form 130 is the new standard TDS certificate replacing Form 16 for salary income, pensions and certain interest earnings of senior citizens. It must be generated through the TRACES portal and issued by 15 June of the applicable year.

Which TDS sections apply during the transition?

TDS obligations are governed by the Act applicable to the financial year in which the sum is paid or credited. Sums paid or credited before 31 March 2026 use the old sections under the 1961 Act. Sums paid or credited on or after 1 April 2026 use the new sections under the 2025 Act.

Does a search initiated before 1 April 2026 continue under the old Act?

Yes. The CBDT transition FAQs clarify that searches initiated before 1 April 2026 continue under the Income-tax Act 1961, while searches initiated on or after 1 April 2026 use the Income-tax Act 2025.

How do I engage an income tax lawyer in Patna for a transition matter?

Send the notice, order or transition query by WhatsApp or email to the chamber. A same-day acknowledgment is issued, followed by a short assessment call to establish the tax year and applicable Act. A written scope and fee note is provided before work begins. Direct chamber access is available at P.C. Colony, Kankarbagh, Patna – 800020.