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Income Tax Act 1961 vs 2025: Key Changes That Affect Your ITR Filing
  • When does the new Act take effect? - 1 April 2026. Income earned from FY 2026-27 onwards is governed by IT Act 2025. Income earned in FY 2025-26 (ITR filed by July/October 2026) is still under IT Act 1961.
  • What is the biggest change? - 'Tax Year' replaces 'Previous Year' and 'Assessment Year.' Income earned in Tax Year 2026-27 is reported as Tax Year 2026-27 - no more confusing AY/PY distinction.
  • Do tax rates change? - No. Tax slabs and rates remain the same. The new regime (no deductions, lower rates) remains the default. Old regime requires explicit opt-in. The changes are structural and procedural, not rate-based.
  • Are my deductions still available? - Yes. Section 80C becomes Section 150, 80D continues with a new number, 80G becomes Section 133(1)(b)(ii). The deduction amounts and limits are unchanged - only section numbers change.
  • Will both Acts run simultaneously? - Yes, temporarily. The e-filing portal will support both: IT Act 1961 for FY 2025-26 and earlier, IT Act 2025 for FY 2026-27 onwards.

After 65 years, India has a new Income Tax Act. The Income Tax Act, 2025 replaces the Income Tax Act, 1961 from 1 April 2026. For taxpayers, the immediate question is: what actually changes? The answer is nuanced - the tax rates, deduction limits, and fundamental principles remain largely the same. But the structure, terminology, section numbers, filing deadlines, and procedural framework change significantly.

This guide explains the key differences between the two Acts, what changes for your ITR filing, which Act applies when, and the practical steps you need to take during the transition.

Which Act Applies When? The Critical Timeline

Income PeriodWhich Act AppliesITR Filing DeadlineKey Point
FY 2024-25 (AY 2025-26)IT Act 196131 July 2025 (filed/filing now)Fully under old Act - no changes
FY 2025-26 (AY 2026-27)IT Act 196131 July 2026 (individuals) / 31 Oct 2026 (audit)Still under old Act - last year of 1961 Act
FY 2026-27 (Tax Year 2026-27)IT Act 202531 July 2027 (individuals) / 31 Aug 2027 (non-audit business)First year under new Act - Tax Year terminology applies
Pending assessments for pre-2026 yearsIT Act 1961As per existing timelinesOld Act continues for all pre-April 2026 proceedings
TDS/TCS from 1 April 2026IT Act 2025 (Section 393/394)Quarterly returns under new RulesERP systems must reference new section numbers

Practical implication: When you file your ITR in July 2026 for FY 2025-26, you are still using IT Act 1961. The new Act's section numbers, forms, and terminology apply only from Tax Year 2026-27 (income earned from 1 April 2026). For comprehensive ITR filing support during the transition, income tax return filing services ensure the correct Act is applied to your return.

The Big Changes: What Is Actually Different

Change 1: Tax Year Replaces Previous Year and Assessment Year

Under IT Act 1961: Income earned in FY 2025-26 (Previous Year) is assessed and reported in AY 2026-27 (Assessment Year). Two different year references for the same income.

Under IT Act 2025: Income earned in 2026-27 is reported as Tax Year 2026-27. One year reference. The Tax Year is the financial year itself (1 April to 31 March). 'Assessment Year' is discontinued. 'Previous Year' is discontinued.

What it means for you: ITR forms, notices, assessment orders, and all tax communications from FY 2026-27 onwards will use 'Tax Year' instead of 'Assessment Year.' Your ITR-1 for income earned in 2026-27 will say 'Tax Year 2026-27' - not 'AY 2027-28.' This is a terminology simplification, not a change in how tax is computed or paid.

Change 2: Section Renumbering - Every Section Has a New Number

Virtually every section of the Income Tax Act has been renumbered. This is the change that will cause the most practical confusion:

Old Section (IT Act 1961)New Section (IT Act 2025)Description
Section 80CSection 150Deductions for investments (PPF, ELSS, LIC, NSC, etc.) - Rs 1.5 lakh limit
Section 80DSection 151Health insurance premium deduction
Section 80ESection 152Education loan interest deduction
Section 80GSection 133(1)(b)(ii) / Section 354Donation deductions / 80G for donors
Section 115BACSection 202New tax regime (default)
Section 194CSection 393 Table 1 Entry 6TDS on contractor payments
Section 192Section 393 Table 1 Entry 1TDS on salary
Section 10(10D)Section 11(2)(vi)Life insurance maturity exemption
Section 24(b)Section 22(2)Housing loan interest deduction
Section 54Section 73Capital gains exemption on sale of residential house
Section 139Section 263Filing of return of income
Section 147/148Sections 279-283Reassessment/reopening provisions
Section 234A/B/CSections 430-432Interest on delayed filing/advance tax

Important: The Income Tax Department has published a section mapping utility on incometaxindia.gov.in that lets you look up any old section number and find the corresponding new section. Bookmark this utility - you will need it frequently during the transition. For businesses needing to update compliance references, accounting services include section mapping support.

Change 3: All TDS Provisions Consolidated Under Section 393

Under IT Act 1961: TDS was scattered across 30+ sections (Section 192, 194A, 194B, 194C, 194H, 194I, 194J, 194N, 194Q, etc.) - each with different rates, thresholds, and conditions.

Under IT Act 2025: ALL TDS provisions are consolidated into a single Section 393 with a table listing each payment type, threshold, and rate. Similarly, TCS is consolidated under Section 394. The rates and thresholds remain the same - only the presentation has changed from scattered sections to one consolidated table.

What it means for you: From 1 April 2026, all TDS challans, certificates (Form 16/16A), and quarterly returns must reference Section 393 (not the old individual sections). Payroll systems, ERP software, and accounting entries must be updated. If your accounting software still references 'Section 194C' after April 2026, the challan may be rejected or miscategorised.

Change 4: Filing Deadlines Extended for Non-Audit Business Taxpayers

Taxpayer TypeOld Deadline (IT Act 1961)New Deadline (IT Act 2025)Change
Individuals (salaried, ITR-1/ITR-2)31 July31 JulyNo change
Non-audit business/profession (ITR-3/ITR-4)31 July31 AugustExtended by 1 month
Partners of non-audit firms31 July31 AugustExtended by 1 month
Audit cases (companies, firms requiring audit)31 October31 OctoberNo change
Revised returnWithin 9 months of Tax Year endWithin 12 months of Tax Year endExtended by 3 months
Updated return (ITR-U)Within 24 months from end of relevant AYExtended further under Budget 2025More time + broader scope

Change 5: New Tax Regime Remains Default Under Section 202

The new regime (lower rates, fewer deductions) continues as the default under Section 202 of IT Act 2025 - the same position as Section 115BAC under IT Act 1961. If you want to use the old regime (higher rates with deductions like 80C, 80D, HRA), you must explicitly opt in. The opt-in mechanism and conditions remain substantially the same.

Change 6: Reassessment Regime Consolidated

The post-Ashish Agarwal (SC 2022) reassessment framework is now codified in the IT Act 2025: reassessment only on the basis of 'information' (not the older 'reason to believe'), 4-year standard limit (10 years for cases involving assets above Rs 50 lakh), mandatory show cause notice before reopening, and specified authority approval for all reassessments. This consolidation makes the law clearer but does not introduce new powers - it formalises what was already established through amendments and court rulings.

Change 7: Buyback Proceeds as Capital Gains (Not Dividend)

Under IT Act 1961 (post Finance Act 2024): Share buyback proceeds were taxed as dividend income in the hands of shareholders. Under IT Act 2025: buyback proceeds are proposed to be taxed as capital gains - with a 30% rate for promoters and 22% for promoter companies. This affects investors in companies conducting buybacks.

What Does NOT Change

  • Tax slab rates - both old and new regime rates are identical to current rates
  • Deduction limits - Rs 1.5 lakh under (new) Section 150 = same as Rs 1.5 lakh under (old) Section 80C
  • Health insurance deduction limits - Rs 25,000/50,000/1,00,000 unchanged
  • Housing loan interest deduction - Rs 2 lakh limit unchanged
  • Advance tax due dates - quarterly schedule unchanged
  • TDS rates and thresholds - same rates, only section reference changes
  • Capital gains taxation - STCG/LTCG rates and holding periods unchanged
  • Existing case law - SC/HC rulings under the 1961 Act continue to apply where provisions are substantially similar

Bottom line: The IT Act 2025 is primarily a reorganisation and simplification - not a new tax policy. Your tax liability for the same income will be the same under both Acts. The changes are in how the law is structured, referenced, and administered.

Practical Action Items for Taxpayers

  1. 1. File FY 2025-26 ITR under the old Act (by July/October 2026). No change for this year's filing. Use the existing ITR forms, existing section references, and existing portal workflow. For income tax return filing assistance for FY 2025-26, the old Act applies fully.
  2. 2. Update your accounting software and ERP for Section 393 TDS from 1 April 2026. All TDS entries from April 2026 must reference Section 393 (not old individual sections). Check with your software vendor for the update. Payroll processing for April 2026 salaries must use the new section mapping.
  3. 3. Familiarise yourself with the section mapping utility. The Income Tax Department's mapping tool at incometaxindia.gov.in helps you find old-to-new section correspondences. Use it whenever you read a new notice, assessment order, or communication from the department post-April 2026.
  4. 4. Understand 'Tax Year' terminology. From FY 2026-27, all references will use 'Tax Year 2026-27' instead of 'AY 2027-28.' When you receive a notice or form using Tax Year, know that it refers to the same 12-month period (April to March) - just with a new label. For businesses managing GST and income tax simultaneously, coordinate both compliance calendars.
  5. 5. Review your investment/deduction strategy. If you are using the old tax regime (with 80C, 80D deductions), the deductions continue under new section numbers. Verify that your investment declarations and proofs reference the correct new sections from April 2026 - especially employer declarations for TDS on salary.
  6. 6. Carry forward losses and credits carefully. Brought forward losses, MAT/AMT credits, and TDS credits from pre-2026 years must be correctly mapped from IT Act 1961 to IT Act 2025 references. The transitional provisions (Section 536) ensure continuity, but your CA must verify the mapping. For tax audit services, ensure the auditor maps provisions correctly.

Key Takeaways

The Income Tax Act, 2025 replaces the IT Act, 1961 from 1 April 2026 - but FY 2025-26 ITR filing (by July/October 2026) is still fully governed by the 1961 Act, with the new Act applying only to income from Tax Year 2026-27 (FY 2026-27) onwards, and both Acts running concurrently on the e-filing portal.

The single biggest terminological change is 'Tax Year' replacing both 'Previous Year' and 'Assessment Year' - income earned in 2026-27 is reported as Tax Year 2026-27, eliminating the confusing dual-year reference system that existed for 65 years.

Every section has been renumbered (80C→150, 194C→393, 115BAC→202, 139→263) but the substantive provisions - tax rates, deduction limits, TDS rates, capital gains rules - remain substantially identical, making the transition primarily a structural reorganisation rather than a policy change.

The most impactful practical changes are: TDS consolidated under Section 393 (requiring immediate ERP/software updates from 1 April 2026), filing deadline extended from 31 July to 31 August for non-audit business taxpayers, revised return window extended from 9 to 12 months, and reassessment regime formalised with the post-Ashish Agarwal framework.

Immediate action required: file FY 2025-26 ITR under the old Act, update accounting software TDS references to Section 393 for April 2026 payments, familiarise with the section mapping utility on incometaxindia.gov.in, and ensure brought forward losses and credits are correctly mapped across Acts.

Need Help Navigating the Transition? We Handle Both Acts

Filing FY 2025-26 under the old Act while preparing for FY 2026-27 under the new Act requires dual-framework expertise. Software updates, section mapping, and transitional provisions add complexity that most taxpayers should not handle alone.

Explore our income tax return filing services - FY 2025-26 ITR under IT Act 1961, TDS compliance updates for Section 393, section mapping support, and transition planning for IT Act 2025.

+91 945 945 6700 (Call or WhatsApp)

Frequently Asked Questions

Have a look at the answers to the most asked questions.

No. FY 2025-26 (AY 2026-27) is fully governed by the IT Act 1961. Your ITR forms, section references, deduction claims, and filing process remain unchanged for this year. The new Act applies only from Tax Year 2026-27 (income earned from 1 April 2026).

Not for your FY 2025-26 filing. But from 1 April 2026, TDS challans, quarterly returns, and employer declarations must use the new section numbers (primarily Section 393 for TDS). The section mapping utility on incometaxindia.gov.in is your go-to reference. Key mappings to remember: 80C→150, 80D→151, 115BAC→202, 194C→393.

Yes. Under Section 202 of IT Act 2025 (equivalent to Section 115BAC of 1961 Act), the new tax regime remains the default for individuals, HUFs, and AOP/BOIs. If you want to use the old regime with deductions, you must explicitly opt in. The opt-in mechanism is similar to the current system.

All proceedings for pre-April 2026 years continue under IT Act 1961. If you have an ongoing assessment for AY 2023-24, it remains under the old Act even if the assessment order is passed after April 2026. The transitional provisions ensure no disruption to pending matters.

Nahi. Tax rates aur slabs bilkul same hain - dono Acts mein. New regime (kam rates, kam deductions) default hai Section 202 mein - pehle Section 115BAC tha. Old regime mein bhi rates same hain. Ye change structural hai - law ka format aur section numbers badle hain, tax amount nahi badla hai. Aapki income same hai toh tax bhi same hoga.

Section 80C ab Section 150 hai IT Act 2025 mein. Rs 1,50,000 ki limit same hai. PPF, ELSS, LIC, NSC, tuition fees - sab eligible investments same hain. Sirf section number badla hai. Lekin yaad rakhein: new tax regime mein 80C (ya naye Section 150) ki deduction nahi milti - ye rule bhi same hai. Old regime choose karenge tabhi ye deduction claim kar sakte hain.

1 April 2026 se: har TDS entry mein Section 393 ka reference hona chahiye (purane individual sections nahi). Example: salary TDS ab Section 393 Table 1 Entry 1 hai (pehle Section 192 tha). Contractor TDS Section 393 Table 1 Entry 6 hai (pehle Section 194C tha). Apne payroll software aur accounting ERP ko update karwayein - vendor se contact karein April 2026 se pehle. Galat section reference se challan reject ho sakta hai.

Yes. The Income Tax Department has confirmed that where provisions in the new Act are substantively identical to the old Act, existing case law (SC, HC, and ITAT rulings) continues to apply. A circular clarifying Section 194C under the old Act will apply to the corresponding entry in Section 393 of the new Act. This ensures decades of established jurisprudence are not lost.

Under IT Act 2025, the time limit for filing a revised return has been extended from 9 months to 12 months from the end of the Tax Year. This means for Tax Year 2026-27, you can file a revised return until 31 March 2028 (12 months from March 2027). A fee applies for revisions filed after 9 months but within 12 months - based on total income thresholds.

From FY 2026-27 onwards. When filing your return for income earned from April 2026 to March 2027, the form will say 'Tax Year 2026-27' - not 'AY 2027-28.' For your FY 2025-26 filing (due July 2026), you still use 'AY 2026-27.' The transition happens at the system level - the e-filing portal will use the correct terminology based on the year you are filing for.
CA Sundaram Gupta
CA Sundaram Gupta

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