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📋 New Income Tax Act 2025
Complete section-wise guide with ICAI mapping — ITA 2025 vs ITA 1961 · Effective 1st April 2026
Income Tax Act 2025
Complete Section-wise Guide · ICAI Mapping with ITA 1961 · Plain-language Explanations · Chapter-wise Navigator
📜 Background & Purpose
The Income Tax Act, 2025 is a complete rewrite and consolidation of the Income-tax Act, 1961, announced in Union Budget 2024-25. The objective is to make income-tax law concise, lucid and easy to understand. The Government partnered with ICAI at every stage of drafting, and over 90 suggestions from ICAI have been incorporated. The Act comes into force on 1st April, 2026.
✅ What is New / Changed?
- "Previous Year" + "Assessment Year" replaced by "Tax Year" — a single 12-month period (April–March), eliminating the confusing two-year concept.
- Complex provisos eliminated — the law uses tables, sub-sections and plain language instead of layered provisos within provisos.
- Sections renumbered — all 536 sections of the new Act are freshly numbered (1 to 536). ICAI has published the complete mapping.
- Schedules introduced — 16+ Schedules consolidate rates, lists and tables that previously appeared as appendages to sections.
- No change in tax rates or basic policy — this is a codification and simplification exercise, not a policy overhaul.
- New concepts codified — e.g., Faceless Assessment, online gaming TDS, crypto/VDA, and AIS are now explicitly part of the law.
ℹ️ How to Use This Guide
- Use the Section Finder tab to search any topic or keyword and find both the new (2025) and old (1961) sections instantly.
- Use the Chapters tab to navigate by subject area (Salary, Capital Gains, TDS, etc.).
- Use the Full Mapping Table tab for a section-by-section parallel comparison.
- Click any section card to expand it and see a plain-language explanation with key points and practitioner tips.
❌ Old Law — ITA 1961
Previous Year (PY): Year in which income is earned (e.g., April 2024 – March 2025).
Assessment Year (AY): The year following PY in which tax is assessed (e.g., AY 2025-26).
Taxpayers had to remember two different year references — causing perpetual confusion.
✅ New Law — ITA 2025
Tax Year: A single 12-month period (April to March) in which income is earned AND assessed. The old distinction between "Previous Year" and "Assessment Year" is abolished.
Example: Income earned in Tax Year 2026-27 is assessed and taxed in Tax Year 2026-27 itself.
⚠️ Practitioner Note
While the concept changes, the actual tax computation timeline remains the same. Returns are still filed after the tax year ends. The simplification is conceptual — it removes the mental overhead of tracking two different year labels for the same set of transactions.
ℹ️ How to Read This Table
The new Act (2025) consolidates, splits or renames sections from the old Act (1961). Same = directly corresponds. Modified = restructured/amended. Merged = multiple old sections combined. New = newly codified provision.
| New Sec (2025) | New Section Heading | Old Sec (1961) | Chapter | Status |
|---|
🔄 1. Renumbering of All Sections
Every single section has a new number. Section 2 (Definitions) is still Section 2, but from there, numbering diverges significantly. For example, the TDS provisions which were spread across Sections 192 to 206 of the 1961 Act are now consolidated under Sections 392 to 402 of the 2025 Act. Capital Gains (Section 45 old) is now Section 67.
📅 2. "Tax Year" Replaces Previous Year & Assessment Year
This is the most fundamental conceptual change. Under the 1961 Act, income earned in "Previous Year 2024-25" was taxed in "Assessment Year 2025-26." Under the 2025 Act, both are the same — "Tax Year 2024-25." The 12-month period commences on 1st April every year. For newly set-up businesses, the Tax Year starts from the date of commencement and ends with the said financial year.
📋 3. Tables Replace Complex Provisos
The 1961 Act was notoriously dense with "Provided that... Provided further that... Provided also that..." chains. The 2025 Act replaces these with clean sub-sections and Schedule-based tables. For example, the rates of TDS (previously scattered across individual sections) are now presented as tabular structures within each section, making them far easier to read and apply.
📂 4. Schedules Introduced for Complex Rate/List Provisions
16+ Schedules have been introduced. Important ones include: Schedule II-VII (Incomes not included in total income), Schedule VIII (Political parties & electoral trusts), Schedule IX-XIV (Special business deductions — tea, coffee, rubber, mining, telecom), Schedule XV (80C deductions list), and Schedule XVI (GAAR provisions). Sections cross-refer to these schedules rather than repeating lengthy lists inline.
| Topic | Old Section (1961) | New Section (2025) | Note |
|---|---|---|---|
| Definitions | 2 | 2 | Same number |
| Tax Year / Previous Year | 3 (Prev Year) | 3 (Tax Year) | Concept changed |
| Charge of Income Tax | 4 | 4 | Same number |
| Scope of Total Income | 5 | 5 | Same number |
| Residential Status | 6 | 6 | Same number |
| Income Deemed to Accrue in India | 9 | 9 | Same number |
| Exempt Incomes | 10 | 11 [+Schedules II-VII] | Expanded via Schedules |
| Heads of Income | 14 | 13 | Renumbered |
| Salaries (Head) | 15 | 15 | Same number |
| Income from Salary (details) | 17 | 16, 17 | Split |
| Deductions from Salary | 16 | 19 | Renumbered |
| Income from House Property | 22 | 20 | Renumbered |
| Annual Value | 23 | 21 | Renumbered |
| Deduction: House Property | 24 | 22 | Renumbered |
| PGBP (head) | 28 | 26 | Renumbered |
| Depreciation | 32 | 33 | Renumbered |
| Tax Audit | 44AB | 63 | Renumbered |
| Presumptive Tax (44AD) | 44AD | 57 | Renumbered |
| Capital Gains (head) | 45 | 67 | Renumbered |
| Exempt Transfers | 47 | 70 | Renumbered |
| Capital Gain Computation | 48 | 72 | Renumbered |
| Section 54 (Residential house exemption) | 54 | 86 | Renumbered |
| Income from Other Sources | 56 | 92 | Renumbered |
| Set off of Losses | 70 | 108 | Renumbered |
| Carry Forward of Losses | 72 | 112 | Renumbered |
| Deduction u/s 80C | 80C | 123 [+Sch XV] | Renumbered |
| Deduction u/s 80D (Medical Ins.) | 80D | 126 | Renumbered |
| Rebate u/s 87A | 87A | 159 [Ch. IX-A] | Renumbered |
| Transfer Pricing | 92 | 161 | Renumbered |
| GAAR | 95 | 178 | Renumbered |
| TDS on Salary | 192 | 392 | Renumbered |
| TDS — All other sections | 192–194S | 392–393 | Consolidated |
| TCS | 206C | 394 | Renumbered |
| Advance Tax Liability | 207 | 403 | Renumbered |
| Interest u/s 234A/B/C | 234A/B/C | 423/424/425 | Renumbered |
| PAN (Permanent Account Number) | 139A | 262 | Renumbered |
| Return of Income | 139 | 263 | Renumbered |
| Assessment | 143 | 270 | Renumbered |
| Penalty for Under-reporting | 270A | 439 | Renumbered |
| Prosecution | 276C | 480 | Renumbered |
| Refunds | 237 | 431 | Renumbered |
| Appeals — CIT(A) / ITAT | 246A / 253 | 356+ [Ch. XVIII] | Renumbered |
ℹ️ Important Note for AY 2026-27 (Tax Year 2025-26)
From AY 2024-25, the New Tax Regime is the DEFAULT. Budget 2025 (Finance Act 2025) significantly revised the new regime slabs effective AY 2026-27 — basic exemption raised from INR 3L to INR 4L, new 25% slab added, and rebate u/s 87A raised from INR 25,000 to INR 60,000 for income up to INR 12 lakh. Effective zero tax for income up to INR 12 lakh (INR 12.75 lakh for salaried). Old regime slabs are unchanged. Always opt-in to old regime explicitly if you wish to claim deductions.
| Income Slab | New Regime — Default Budget 2025 / AY 2026-27 |
Old Regime — Opt-in Unchanged |
Remarks |
|---|---|---|---|
| Up to INR 2,50,000 | NIL | NIL | Basic exemption (old regime) |
| INR 2,50,001 – INR 3,00,000 | NIL | 5% | New regime nil slab raised to INR 4L |
| INR 3,00,001 – INR 4,00,000 | NIL | 5% | New: NIL up to INR 4L (Budget 2025) |
| INR 4,00,001 – INR 5,00,000 | 5% | 5% | 87A rebate may make old regime zero-tax up to INR 5L |
| INR 5,00,001 – INR 8,00,000 | 5% | 20% | New regime significantly better |
| INR 8,00,001 – INR 12,00,000 | 10% | 30% | 87A rebate (INR 60,000) makes effective tax = NIL up to INR 12L under new regime |
| INR 12,00,001 – INR 16,00,000 | 15% | 30% | New regime significantly lower |
| INR 16,00,001 – INR 20,00,000 | 20% | 30% | |
| INR 20,00,001 – INR 24,00,000 | 25% | 30% | New 25% slab — Budget 2025 |
| Above INR 24,00,000 | 30% | 30% | Same peak; deductions make the real difference |
💡 Which Regime is Better? — Quick Breakeven Guide
AY 2026-27 (Budget 2025) — New vs Old Regime breakeven:
For salaried employees: With INR 75,000 standard deduction, zero tax up to gross salary of INR 12,75,000 under new regime.
At income of INR 15 lakh: If total deductions exceed ~INR 4.33 lakh, old regime may save more.
At income of INR 20 lakh: Breakeven deductions ~INR 5.50 lakh.
At income of INR 30 lakh+: Old regime rarely wins (max deductions rarely exceed breakeven).
Always compute both — individual circumstances vary significantly.
⚠️ Finance Act 2024 Changes — Critical
Major changes effective 23 July 2024: LTCG on listed equity/equity MF raised from 10% → 12.5%; STCG on listed equity raised from 15% → 20% (w.e.f. 23 July 2024); holding period for most other assets standardised to 24 months; indexation removed for most assets (optional for immovable property purchased before 23 July 2024). All these rates are incorporated in Sections 196–198 of the new Act (old Sections 111A, 112, 112A).
| Asset Type | Holding Period for LTCG | STCG Rate | LTCG Rate | Indexation? | New Sec (2025) | Old Sec (1961) |
|---|---|---|---|---|---|---|
| Listed Equity Shares | >12 months | 20% (w.e.f. 23 Jul 2024) | 12.5% on gains above INR 1.25L exemption | ❌ | 196, 197 | 111A, 112A |
| Equity-oriented MF Units | >12 months | 20% | 12.5% above INR 1.25L | ❌ | 196, 197 | 111A, 112A |
| Listed Debt MF (post Apr 2023) | N/A — always STCG | Slab rate regardless of holding period | ❌ | 92 | 50AA | |
| Unlisted Shares | >24 months | Slab rate | 12.5% (no indexation) | ❌ | 198 | 112 |
| Immovable Property (Land / Building) | >24 months | Slab rate | 12.5% without indexation OR 20% with CII indexation (option for properties purchased before 23 Jul 2024 — whichever is lower) | ✅ Optional | 198 | 112 |
| Gold / Jewellery / Other Assets | >24 months | Slab rate | 12.5% (no indexation) | ❌ | 198 | 112 |
| Debt Bonds / Debentures (listed) | >24 months | Slab rate | 12.5% (no indexation) | ❌ | 198 | 112 |
| Virtual Digital Assets (VDA / Crypto) | Any — flat rate | 30% flat — no deduction (except cost), no set-off, no carry-forward of loss | ❌ | 195 | 115BBH | |
| Online Gaming Winnings | N/A | 30% flat on net winnings — TDS u/s 393 (old 194BA) | ❌ | 195 | 115BBJ | |
| Lottery / Crossword / Card Game | N/A | 30% flat — TDS u/s 393 (old 194B) on winnings > INR 10,000 | ❌ | 195 | 115BB | |
✅ LTCG Exemptions — Key Sections
Listed equity LTCG: INR 1.25 lakh annual exemption (earlier INR 1 lakh). Residential house reinvestment: Section 86/82 (old Sec 54/54F) — cap INR 10 crore. Capital gains bonds: Section 85 (old Sec 54EC) — cap INR 50 lakh; must invest within 6 months in NHAI/REC bonds with 5-year lock-in. Agricultural land: Section 83 (old Sec 54B). Compulsory acquisition: Section 84 (old Sec 54D).
📌 Key Change: All TDS under ONE Section
All individual TDS sections of ITA 1961 (Sections 192 to 194S) are now consolidated under Section 393 of ITA 2025. The rates, thresholds, and conditions remain unchanged — only the legal citation changes from AY 2026-27.
| Nature of Payment | Old Sec (1961) | New Sec (2025) | Threshold / Trigger | TDS Rate (Resident) | No PAN / Non-Filer Rate |
|---|---|---|---|---|---|
| Salary | 192 | 392 | Income exceeds basic exemption limit | Applicable slab rate (estimated annual income) | Slab rate (no special rate) |
| EPF Withdrawal — premature (before 5 yrs service) | 192A | 393 | INR 50,000 | 10% | 30% |
| Interest on Securities (debentures, bonds) | 193 | 393 | INR 10,000 per year | 10% | 20% |
| Dividend from domestic company | 194 | 393 | INR 5,000 per year | 10% | 20% |
| Interest — Banks, Co-op Banks, Post Office (non-senior citizen) | 194A | 393 | INR 40,000 per year | 10% | 20% |
| Interest — Banks, Co-op Banks, Post Office (Senior Citizen ≥60 yrs) | 194A | 393 | INR 50,000 per year | 10% | 20% |
| Interest — Other payers (not banks / post office) | 194A | 393 | INR 5,000 per year | 10% | 20% |
| Lottery / Crossword Puzzle / Card Game Winnings | 194B | 393 | INR 10,000 per transaction | 30% | 30% |
| Online Gaming Net Winnings | 194BA | 393 | On each withdrawal; or year-end balance if no withdrawal | 30% | 30% |
| Horse Race Winnings | 194BB | 393 | INR 10,000 | 30% | 30% |
| Contractor / Sub-contractor — Individual or HUF | 194C | 393 | Single payment > INR 30,000 OR aggregate to same contractor > INR 1,00,000 in tax year | 1% | 20% |
| Contractor / Sub-contractor — Company, LLP, Firm, Others | 194C | 393 | Same as above | 2% | 20% |
| Insurance Commission | 194D | 393 | INR 15,000 per year | 5% | 20% |
| Life Insurance Policy Proceeds — not exempt u/s 10(10D) | 194DA | 393 | INR 1,00,000 aggregate in year | 2% on gross payment (w.e.f. 1 Oct 2024; was 5% on income portion earlier) | 20% |
| Payments to Non-resident Sportsmen / Sports Associations | 194E | 393 | Any amount | 20% | — |
| NSS / NSC Repayment / Interest | 194EE | 393 | INR 2,500 | 10% | 20% |
| Lottery Ticket Commission | 194G | 393 | INR 15,000 per year | 5% | 20% |
| Commission / Brokerage | 194H | 393 | INR 15,000 per year | 5% | 20% |
| Rent — Plant, Machinery or Equipment | 194-I(a) | 393 | INR 2,40,000 per year | 2% | 20% |
| Rent — Land, Building, or Furniture / Fittings | 194-I(b) | 393 | INR 2,40,000 per year | 10% | 20% |
| Purchase of Immovable Property (buyer deducts) | 194-IA | 393 | Sale consideration ≥ INR 50 lakh | 1% of sale consideration | 20% |
| Rent paid by Individual / HUF not liable for tax audit | 194-IB | 393 | INR 50,000 per month or part thereof | 2% (reduced from 5% w.e.f. 1 Oct 2024 — Finance Act 2024) | 20% |
| Joint Development Agreement (JDA) consideration to landowner | 194-IC | 393 | Any amount | 10% | 20% |
| Technical Services / Royalty (not a professional) | 194J | 393 | INR 30,000 per year per payee | 2% | 20% |
| Professional Fees — CA, Doctor, Lawyer, Architect, Director fees, Non-compete | 194J | 393 | INR 30,000 per year per payee | 10% | 20% |
| Income from Mutual Fund / Specified Fund Units | 194K | 393 | INR 5,000 per year | 10% | 20% |
| Compensation on Compulsory Acquisition of Immovable Property | 194LA | 393 | INR 2,50,000 | 10% | 20% |
| Interest on Infrastructure / Tax-Free Bonds (to non-residents) | 194LB | 393 | Any amount | 5% | — |
| Senior Citizens — pension + interest only (bank does TDS) | 194P | 393 | Special scheme — senior citizen with only pension/interest | Slab rate computed by designated bank | — |
| Purchase of Goods by specified buyers (buyer's turnover > INR 10 crore) | 194Q | 393 | Aggregate purchases from one seller > INR 50 lakh in tax year. Not applicable if TCS collected by seller u/s 206C(1H) | 0.1% | 5% |
| Benefits or Perquisites in Business / Profession | 194R | 393 | INR 20,000 per recipient per year | 10% | — |
| Transfer of Virtual Digital Assets (VDA / Crypto) | 194S | 393 | INR 50,000 p.a. (specified persons); INR 10,000 p.a. (others) | 1% | 20% |
| Payments to Partners by Firm / LLP — salary, remuneration, commission, bonus, interest (NEW — w.e.f. 1 Apr 2025) | 194T | 393 | INR 20,000 per year per partner | 10% | 20% |
| Payments to Non-Residents / Foreign Companies (interest, royalty, FTS, other income) | 195 | 393 | Any amount chargeable to tax in India | Per DTAA rate (if beneficial) or 30% / 20% as applicable | — |
| Non-resident dividend, securities income, MF income etc. (various) | 196A / 196B / 196C / 196D | 393 | Per specific section | 10% / 20% / 10% respectively (or DTAA rate) | — |
| Higher TDS for ITR Non-Filers — Section 206AB (applies when payee hasn't filed ITR for 2 preceding years and TDS exceeded INR 50,000 in each year) | 206AB | 393 | Applies automatically to any TDS payment covered above | Higher of: 2× the normal TDS rate OR 5% | — |
⚠️ TDS Default — Consequences (Section 398, old Sec 201)
Interest for delay in deduction: 1% per month (or part thereof) from due date of deduction to date of actual deduction. Interest for delay in payment: 1.5% per month from date of deduction to actual payment to government. Penalty: Amount of tax not deducted/deposited (Sec 439 / old Sec 271C). Prosecution: Rigorous imprisonment up to 7 years for wilful failure to pay deducted TDS (Sec 476 / old Sec 276B).
✅ TDS Due Dates for Remittance
Government deductors: Same day of deduction (no challan needed if credited electronically). Other deductors: 7th of the following month. Exception — March deductions: Due by 30th April. TDS Return filing: Q1 (Apr-Jun): 31 July | Q2 (Jul-Sep): 31 Oct | Q3 (Oct-Dec): 31 Jan | Q4 (Jan-Mar): 31 May. Form 16 (salary TDS certificate): By 15 June. Form 16A (other TDS): Within 15 days of TDS return due date.
| Nature of Collection / Transaction | Threshold / Condition | TCS Rate | No PAN Rate |
|---|---|---|---|
| Sale of Scrap | Any amount | 1% | 5% |
| Sale of Tendu Leaves | Any amount | 5% | 10% |
| Sale of Timber obtained under forest lease | Any amount | 2.5% | 5% |
| Parking Lot / Toll Plaza / Mining / Quarrying Lease | Any amount | 2% | 5% |
| Sale of Alcoholic Liquor for Human Consumption | Any amount | 1% | 5% |
| Sale of Motor Vehicle | Sale value > INR 10 lakh | 1% | 5% |
| Foreign Remittance under LRS — Education via education loan from specified financial institution | Remittance above INR 7 lakh per year (first INR 7L exempt) | 0.5% | 5% |
| Foreign Remittance under LRS — Education (own funds, not loan) | Remittance above INR 7 lakh per year | 5% | 10% |
| Foreign Remittance under LRS — Medical treatment abroad | Remittance above INR 7 lakh per year | 5% | 10% |
| Foreign Remittance under LRS — Other purposes (investment, gifts, travel, maintenance etc.) | Remittance above INR 7 lakh per year (first INR 7L exempt) | 20% | — |
| Sale of Overseas Tour Package by Indian agent / operator | Up to INR 7L per year: 5%; above INR 7L: 20% | 5% / 20% | — |
| Sale of Goods by seller (turnover > INR 10 crore) — Sec 206C(1H) | Receipts from buyer exceeding INR 50 lakh in a year. Not applicable if buyer deducts TDS u/s 194Q. | 0.1% | 1% |
ℹ️ ITA 2025 Effective from AY 2026-27
The compliance dates and procedures below apply under the new Income Tax Act, 2025. The due dates are essentially unchanged from ITA 1961 — the new Act simply incorporates them in renumbered sections. Key section mapping: Due dates (Sec 263 / old Sec 139), Advance Tax (Sec 406-409 / old Sec 211), TDS remittance (Sec 397 / old Sec 200), TDS returns (Sec 397), Interest (Sec 423-426 / old Sec 234A-D).
📋 What are Schedules?
The Income Tax Act, 2025 introduces Schedules as a key structural innovation. Instead of cluttering main sections with long lists, rates, and conditions, these are placed in Schedules. Sections in the main body cross-refer to these Schedules. This makes the main law concise while keeping all detail easily accessible. ICAI has published a complete mapping of each Schedule with its corresponding provision(s) in the ITA 1961.
