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| Parameter | Income-tax Act 1961 | Income-tax Act 2025 |
|---|
| Sections | 819 sections | 536 sections |
| Schedules | 14 schedules | 16 schedules |
| Chapters | Fragmented | 23 chapters |
| Rules | 511 rules | 333 rules |
| Forms | 399 forms | 190 forms |
| Word count | 5.12 lakh words | 2.6 lakh words |
| Tax period | Previous Year + Assessment Year | Tax 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.
Official sources for the Income-tax Act 2025
Need guidance on the Income-tax Act 2025?
Send your notice or query and get a same-day assessment.
Call the ChamberIncome-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 / event | Applicable Act | Applicable Rules |
|---|
| Tax Year 2025-26 and earlier | Income-tax Act 1961 | Income-tax Rules 1962 |
| Tax Year 2026-27 onwards | Income-tax Act 2025 | Income-tax Rules 2026 |
| Sum paid or credited on or before 31 March 2026 | Income-tax Act 1961 | Income-tax Rules 1962 |
| Sum paid or credited on or after 1 April 2026 | Income-tax Act 2025 | Income-tax Rules 2026 |
| Searches initiated before 1 April 2026 | Income-tax Act 1961 | Income-tax Rules 1962 |
| Searches initiated on or after 1 April 2026 | Income-tax Act 2025 | Income-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.
Pending assessment or appeal for an earlier tax year?
Send the document and get a same-day note on the applicable Act and forum.
Call the ChamberSection 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.
Official sources for Section 536 transition
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| Particulars | Old (1961 Act) | New (2025 Act) |
|---|
| Salary TDS Return | Form 24Q | Form 138 |
| Non-Salary TDS Return | Form 26Q | Form 140 |
| Foreign Payment TDS Return | Form 27Q | Form 144 |
| TCS Return | Form 27EQ | Form 143 |
| TDS on Sale of Property | Form 26QB | Form 141 |
| TDS on Rent of Property | Form 26QC | Form 141 |
| Tax Audit Report | Form 3CA/3CB/3CD | Form 26 |
| Salary TDS Certificate | Form 16 | Form 130 |
| PAN application — Individual | Form 49A | Form 93 |
| PAN application — Entity | Form 49A | Form 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.
Official sources for the Income-tax Rules 2026
Confused about which form applies during the transition?
Send your query and get a same-day note on the correct form and Act.
Engage the ChamberKey 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| Change | Position under 1961 Act | Position under 2025 Act |
|---|
| Tax period | Previous Year + Assessment Year | Single "Tax Year" |
| Standard deduction | ₹50,000 | ₹75,000 |
| Rebate threshold | ₹7 lakh | ₹12 lakh (₹12.75 lakh for salaried) |
| HRA metro exemption | 40% of base salary | 50% of base salary |
| Metro cities for HRA | 4 cities | 8 cities (Mumbai, Delhi, Kolkata, Chennai, Bengaluru, Hyderabad, Pune, Ahmedabad) |
| Salary TDS certificate | Form 16 | Form 130 |
| Meal card exemption | ₹50 per meal | ₹200 per meal |
| Revised return window | End of assessment year | 12 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| Particulars | Old section (1961 Act) | New section (2025 Act) |
|---|
| Salary TDS | Section 192 | Section 392 (read with Schedule) |
| Interest on securities | Section 193 | Section 393 (read with Schedule) |
| Dividend TDS | Section 194 | Section 393 (read with Schedule) |
| Contractor TDS | Section 194C | Section 393 (read with Schedule) |
| Professional fees TDS | Section 194J | Section 393 (read with Schedule) |
| TDS on rent | Section 194I | Section 393 (read with Schedule) |
| TCS | Sections 206C | Section 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 type | Old form (1961 Act) | New form (2025 Act) |
|---|
| Salary TDS Return | Form 24Q | Form 138 |
| Non-Salary TDS Return | Form 26Q | Form 140 |
| Foreign Payment TDS Return | Form 27Q | Form 144 |
| TCS Return | Form 27EQ | Form 143 |
| TDS on Sale of Property | Form 26QB | Form 141 |
| TDS on Rent of Property | Form 26QC | Form 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.
Need help with TDS transition compliance?
Send your query and get a same-day note on the applicable sections and forms.
Call the ChamberFrequently 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.